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Can a person file case of encroachment without consent of co owners
16-Jan-2023 (In Property Law)
Respected Sir/Madam, I am a Hindu Man living in Kolkata, West Bengal. My neighbor has constructed an illegal structure with steel rods & tin sheet roof adjacent to our boundary wall without any proper gap. I want to file a Lawsuit at local court regarding this matter. However, our property is in my grandfather's name who has passed away. My father has five siblings who are Co-owners of this property. My question is>>> To file my petition at court, do I need NOC (No Objection Certificate) from other Co-owners...? Or can I make this legal proceeding on my own as a Single Co-Owner....? Please Advise.... Regards & Thanks for your time!
1. You as a citizen can file a complaint with KMC for illegal construction.
2. Suit for encroachment should be filed only after receiving consent to file the suit in which they should be added as parties .
3. If they do not want to sign the petition, a power of attorney can be issued in your favour.
4. You as son cannot file the suit only as power of attorney holder of all or some of the co-owners.
2. Suit for encroachment should be filed only after receiving consent to file the suit in which they should be added as parties .
3. If they do not want to sign the petition, a power of attorney can be issued in your favour.
4. You as son cannot file the suit only as power of attorney holder of all or some of the co-owners.
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Adv. Dr. Saibal Chandra Pal
Kolkata | 100+ Answers
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No, NOC is not required. it will be better if all the co-owners file the suit. but, if any of the co-owner wants to file the suit regarding the mentioned matter, NOC of the other co-owners is not mandatory.
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Adv. Sreemon Bose
Kolkata | 200+ Answers
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Respected Madam/ Sir.
I read your matter very carefully and I like to suggest you to file both criminal and civil case and claim for your legal rights.
Firstly you have to file Sec.144 (2) Cr.P.C .
And file caveats in District Court.
For further help or assistance please do contact us me.
I read your matter very carefully and I like to suggest you to file both criminal and civil case and claim for your legal rights.
Firstly you have to file Sec.144 (2) Cr.P.C .
And file caveats in District Court.
For further help or assistance please do contact us me.
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Adv. Mita Banerjee
Kolkata | 100+ Answers
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