Under construction property

If there is no order of injunction by the court, you may continue with your proposed construction you don't have to stop the construction work.  You may challenge the case appropriately as per the documents in your possession.

Thank you sir!

By the way can you share any recent judgement on Survey# disputes ? just want to know whether correct survey#  or possession of the schedule property,  which one them has a better advantage on final judgement ?

@Mr. Praveen: there is no dearth for judgements of your requirement, you may search in the internet in various web sites viz., indiankanor.org, lawweb123.org etc.  As far as your case is concerned, if you have valid documents in your possession, you have merits in your case and can challenge and get the plaintiff's vexatious suit dismissed.  Be in touch with your lawyer.

1. Till there is any restrain order passed by the Court, you need not stop your construction,

 

2. You have already collected the last Title Deed which was deposited with the Bank to creat mortgage alongwith the link deeds from where you can very well verify the survey number,

 

3. How & in which capacity does the applicant claim his title in the said property purchased by you?

 

4. Hope you have also collected the copy of the legal opinion and non encumbrance certificate which the Bank had collected from its lawyers before sanctioning loan to its Borrower,

 

5. These documents will be of good use to you to contest the case,

 

6. Normally such cases are filed by the mortgagor to harass the buyer to extract some money from him.

Many thanks for your advise Sir! below is my response to your questions.

 

1. Go to the Bank and collect copy of the legal opinion and non-encumbrance certificate which were issued by Bank's lawyers earlier, 2. Go to local BLRO office and collect the mouza map (if that is the usual practice in your area) or correct survey number of the said land to be sure of it, 3. Appear before the Court because normally in such cases Bank does not take any interest to appear since it has already sold the property.

Sure Sir, I will collect legal opinion and non-encumbrance certificate from bank and will verify the survey #

How risky is to go ahead with construction ? let us say in future the said property falls under Plaintiff/Claimant survey#(i.e. 149).

Can I claim the property with adverse possession ? as my first vendor sale deed is from 1989 and applicant /plaintiff sale deed is on 1994 ?

 

Thanks!

Praveen

1. No. Adverse Possession is some thing else,

 

2. If it is proved that the Bank has sold you property illegally or improperly, then you can claim refund of the amount paid.