Legal Question in Real Estate Law in India
Property encroachment
My father bought a 1890 sq ft quadrilateral plot from a private land owner and this land is BDA (Blore Devp Authority) approved. A private society also bought piece of adjacent land and sold it to individual occupants whose land encroaches about 10 ft into our plot. This land is also BDA approved. How do we go about claiming our property? The owner who sold us this land has expired since. We bought the land in 1992 and the adjacent plot owners bought the property in 1995-96. What is the correct procedure? Please advice
4 Answers from Attorneys
Re: Property encroachment
You have to file a suit for trespassing and bring a suit for recovery of land, if he has built any building ask for demolition of the part built in your land, also file criminal case for tresspassing into your property.
Meet a Good Lawyer and state all the facts to him. I think there might be an issue with regard to limitation.
B.Balasubramanya.
Advocate.
Re: Property encroachment
first get a govt. surveyor and measure the land and get a certificate to the effect. then take the help local authority and make a stone marking! the Local authority will help you in defining and marking the land - even if it encroached they will measure and refix the stone marking! - even then if your problem is not solved consult a lawyer and file a suit!
Re: Property encroachment
First try amicable methods like joint measurement and correctly demarcating boundaries. If this fails, try intervention of BDA. If this also fails, file a suit.
Re: Property encroachment
you may file a suit for possession in respect of encroached land and can also seek Mandatory INJUCTION for getting the built up portion of the encroached land demolished and can also ask for damages.Consult a lawyer.
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