Legal action against illegal construction on private property
17-Jan-2023 (In Civil Law)
We have purchased a plot at main road near railway crossing Bobbili, in 2005 in the name of m my mother. After that we left that town for my father's job. Recently when we went to see our plot, found a building in construction for a 2 wheeler show room. Immediately we have checked EC which is still in my mother's name. We went to the builder and asked him, he also claiming that the land belongs to him, showing his registered documents. After checking them we found that both of our plot no's are same but the layout is different, but as our plot is good for commercial use so only he is intentionally claiming for himself. But his neighbouring boundaries are different from that of actual site. How we have proceed now? As we both have bought plots from the brothers who has laid different layouts with same plot no's. We would like to solve this issue legally. Any body can please guide us?
1.Immediately you make complaint to municipality to take necessary action on the ground of illegal construction 2. File complint before police station for illegal tress pass. 3. file civil suit for declaration of title and permanent injunction. Before taking course of you again verify the title of your mother vendors and boundaries and extent with help of revenue inspector or private surveyor.
In the first place it is quintessential to stop the construction going on the plot, and file a representation before th concerned municipal office about the illegal construction and file a suit for mandatory injuction and declaration in the jurisdictional court
Hi
Since your mother has purchased the property in the year 2005 it appears that the builder has illegally occupied your land by creating forged documents.
You should file a suit for declaration of title U/S 42 and perpetual injunction u/s 38 of specific relief actin the courts at Bobbili.
The parties to the suit should be
a) The seller of your plot
b) The brother of your seller and
c) The builder.
If you choose to proceed only against the builder, in all probability, the courts will not be able to resolve the issue and it is in your interest that you get the brothers also arrayed as opposite parties in your case.
Since your mother has purchased the property in the year 2005 it appears that the builder has illegally occupied your land by creating forged documents.
You should file a suit for declaration of title U/S 42 and perpetual injunction u/s 38 of specific relief actin the courts at Bobbili.
The parties to the suit should be
a) The seller of your plot
b) The brother of your seller and
c) The builder.
If you choose to proceed only against the builder, in all probability, the courts will not be able to resolve the issue and it is in your interest that you get the brothers also arrayed as opposite parties in your case.
First u file cheating case on your vendor. Secondly u lodge compliant against the person making construction for the offence of forgery cheating and criminal tresspass thirdly u file a civil case for declaration of title and consequential injunction.
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