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Illegal grabbing & construction issue...............................


29-Apr-2023 (In Property Law)
Our ancestral property forcefully demolished & new construction work going on it by outsiders (club ). Property in my grandfather's name. Grandfather was made a will, & after his death the PROBATE was granted from the court. As per will my father & two uncle are joint successor of this property. One of the uncle EXECUTOR of this will & overhears administration of our property. But he didn't taking any action against outsiders. I already complaint to the police (GD) & a complaint letter sent to SDO, DISTRICT MAGISTRATE, POLICE COMMISSIONER also with evidence. Already illegal construction work done 75% on our property. I want to recover our property & demolished illegal construction. What is proper wayout ?
Answers (1)

Answer #1
635 votes
Immediately write to the Municipality/Panchayat concerned for demolition of unauthorized construction (I'm sure the club can't have sanctioned plan since they are not the owners; even if they could gather sanctioned plan that would have been obtained illegally and shall be very well cancelled). After that if the Municipality doesn't take any step, immediately file a writ petition in High Court for demolition of the same, the order for demolition shall be passed and the construction shall be demolished. After that take possession and apply for your own sanction plan and after that raise your construction accordingly, even after that if you are objected by the club you can easily get injunction order from the Civil Court injuncting any third party from restraining you. Many of my clients got immediate reliefs of demolition from our Calcutta High Court in these matters. All the best and regards.
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