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Builder sale cum GPA holder constructed a builing having 5 flats.
25-Feb-2025 (In Property Law)
He retained uds of 40 sq.yds. After 12 yrs ie in 2007 encroached the stilt parking area and constructed a portion. He registered it in his wife's name. We want to file acase against this. I am owber of 3 out of 5 flats. Pl guide. Builder expired
Since the builder encroached on the stilt parking area and illegally constructed and registered the portion in his wife's name, you can take the following legal steps:
1. File a Suit for Declaration & Cancellation of Illegal Registration
Since the stilt parking area is a common area, the builder had no right to sell or register it in his wife’s name.
File a declaration suit in the civil court to declare the registration as null and void.
Request the court to cancel the illegal registration and restore the area as a common space.
2. File a Suit for Injunction & Possession
Seek a permanent injunction to stop further encroachment or sale of the illegal portion.
If possible, demand possession of the encroached area and restoration to its original condition.
3. Approach the Municipal Authorities for Demolition
File a complaint with the Municipal Corporation/Town Planning Authority stating:
Encroachment of stilt parking, which is a violation of building norms.
Illegal construction without approval.
Request for demolition and action against the illegal portion.
4. File a Criminal Complaint for Encroachment & Fraud
Since the builder is deceased, file a case against his legal heirs or those involved in the illegal act, under:
Section 420 IPC (Cheating) – For illegal registration.
Section 447 IPC (Criminal Trespass) – For encroaching on common property.
Section 468 IPC (Forgery) – If documents were falsified for registration.
5. File a Complaint with RERA (if applicable)
If your building comes under RERA jurisdiction, file a complaint stating that the builder violated the original plan.
Next Steps:
Collect all property documents, including UDS details, building approval plans, and registration details of the illegal construction.
Immediately file a civil suit for cancellation & injunction.
File complaints with the Municipality and Police for further action.
Would you like help in drafting a legal notice or court petition for this case?
Helpful?
Adv. Mrudhula Jahnavi
Serilingampally | 200+ Answers
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