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Mistekly Made My New Home 1% Other Person Plot
02-Sep-2023 (In Property Law)
Hello Sir/Mam My Name Is Prkash From Odisha, Actually Mera Sawal Eh He Ki Me Mera New Ghar Banaya He Or Oh Ghar Galti Se Mere Plot Ko Cross Karke Thoda Sa Ek Dusre Persion Ke Plot Pe Bangaya He,Yani Ki 99% Ghar Mere Plot Pe Or 1% Mistek Se Kisi Dusre Ke Plot Pe Ban Gaya He To Ab Mujhe Kya Karna Chahiye Legally Mere Ghar Ko Bachaneke Liye?
Plz Answer My Question,I Hope I Get Satisfied Answer From Here.
Mr. Prakash,
If you have encroached upon and build your house on someone else's land , even if it is only 1% , and also by mistake, that portion is still illegal, and the other person, ie the owner of that plot of land , where your building has encroached upon 1%, is legally the owner of that portion of your house. And it is his full legal right as well as complete discretion, weather to allow you to keep the house intact , by taking the cost of the said portion of the land , or to demolish that part of your house.
It is first advised to reach at a negotiated solution settlement to the problem , but if negotiation fails, you may also be advised to approach a Civil Court, for filing a Civil Suit for Declaration and Injunction, showing grounds and facts and circumstances, under which the House was built, and obtaining an Order from the said Civil Court, for legalising the defect in title of that portion of land , already created by you.
Thanks
If you have encroached upon and build your house on someone else's land , even if it is only 1% , and also by mistake, that portion is still illegal, and the other person, ie the owner of that plot of land , where your building has encroached upon 1%, is legally the owner of that portion of your house. And it is his full legal right as well as complete discretion, weather to allow you to keep the house intact , by taking the cost of the said portion of the land , or to demolish that part of your house.
It is first advised to reach at a negotiated solution settlement to the problem , but if negotiation fails, you may also be advised to approach a Civil Court, for filing a Civil Suit for Declaration and Injunction, showing grounds and facts and circumstances, under which the House was built, and obtaining an Order from the said Civil Court, for legalising the defect in title of that portion of land , already created by you.
Thanks
Helpful?
Adv. Pradipta Varma
Bhubaneswar | 25+ Answers
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