Builder constructed building on land without my consent or knowledge

897 votes

need to verify the documents before giving opinion. if you are lawful owner of the property, you have every right to resist the illegal land grab.

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Advocate Sandeep Hegde LawRato

508 votes

from the date of noticing the building you should have lodged a police complaint against the builder for illegal trespass and for illegal occupation of your plot. Thereafter the police would try and intervene and stop further construction or illegal activities from the builder. If they fail to do it on account of money power or political clout from the builder, then you should and must approach the civil court and seek a temporary and permanent injunction against the illegal activities of the builder, including selling of flats in the said project to purchasers therein. The court is liable to grant you this relief undoubtedly.
Stop waiting and start acting.

Advocate Kiran N Murthy LawRato

631 votes

In order to obtain an Injunction (or for Declaration and possession) you need to first obtain information regarding how the Builder came into possession of the property. You need to ascertain some information: how did he get title to the property? How did he obtain the building permits? How did he get the plans sanctioned if he is not the owner? Who is paying the property taxes? What name is shown in the Khata? These are a few questions that need immediate attention. The local authority that has control over the property can help you get information (BBMP, BDA, Layout, Municipality, etc.). Once you have all this information, you can start building your case as regards to which is a better step: obtaining an injunction, filing multiple suits, seeking a Declaration and/ or anything else.

LawRato LawRato