Anil Sahoo 14 January 2019

Stay on House Construction

Please help me with the answer for below

Recently I have purchased a land and I want to start build house over there. But the previous to previous owner of the land is claiming that according to record the land belongs to me and I will not let you bulid the house. However his claim is completely false and iligal.
So,my question is here ,will he be able to to get stay order from Court if he will file a case?

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6 Replies

Vijay Raj Mahajan (Advocate) 14 January 2019

Yes he'll definitely move application for stay and get injunction order for any changes in the status of disputed land, debarring you from construction of your building.

Vijay Raj Mahajan (Advocate) 14 January 2019

No court will give you any permission for continuing construction without allowing opposite party to defend your such application and definitely they'll defend and seek stay on contraction in their defense. This being civil case will remain pending for number of years and will not get you chance do easily to get out of it unless you compromise with the opposite party and that will cost you a lot. Where is your land in India? Think hundred times before engaging lawyer to defend your case in the court.

Anil Sahoo 14 January 2019

It is in odisha,Jajpur. Actually they sold out the plot to other person and that person sold to me. On the record the land is showing on my name only and I got Patta as wel.

Vijay Raj Mahajan (Advocate) 14 January 2019

All this matter of evidence which comes much later, the fact if you have civil suit filled against you that will take long time to decide, you calling the revenue and land record to show and prove your ownership definately help your case, but that will not be done immediately.

Best you can seek injuction order against the person for entering your property on the basis of the documents of land with you and see if any positive result can be got immediately in your favour. This will not be asking order for allowing you to continue construction but seeking order against him to enter your property.

Shashi Dhara 14 January 2019

In which court jurisdiction it comes.in that court u file caveat petition for every 85days for at least 3to4yearsur building is finished.u have to file petition in senior and junior and district court's. U engage advocate who charges reasonable fee for caveat.usually I charge rs500+cost for each court .in one of my case I filed caveat for 11&1/2years..innlast 6months he filed suit for declaration then afterwards case ran for 20yrs now the suit is in highcourt pending during pending they compromised. Both parties became pauper so they compromised.they were unable to bear the costs of advocate in high court.so they compromised.so u avoid &drag with tactics let they go to court.