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wrong case against my property


09-Jul-2023 (In Property Law)
i bought old home & rebuilted it again in 2018. Its in 75sq yard in densed locality. Now after an year my neighbour has filed case in high court against me claiming my property is illegal. For now MCD is fighting against the complainant. But i received notice saying they will demolished my house and also police men are visiting my home which mentally disturbing me. Though i didnt get any legal notice or FIR copy bt iam expecting summon in this month. i want to know what I should do now. As my property is not illegal, even if it is then the whole locality should be claimed illegal as well. neighbor just want to extort money from me because her house got seepage. But her property is many years old and built by dealer. But we took care while building our house and still her house got seepage which could be because of her non maintenance of home. please advice me.
Answers (3)

Answer #1
508 votes
Based upon my experience of working closely with the standing counsel of the MCD, I would say that you must not take the situation lightly. In case a demolition order is passed by the MCD, it must be challenged at the earliest. Further and better particulars are needed for an effective opinion.
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Answer #2
936 votes
Your further course of action will depend on whether the building plan was approved by the MCD(SDMC/NDMC/EDMC) and the construction is in accordance with those plans. You must've received a show cause notice from MCD. Further details will determine what the reply to it will be.
If the order is related to the case filed by your neighbour in high court then a review petition needs to be filed. Also you are a necessary party to that suit.
You can also file a writ petition in the high court challenging the demolition order.
You need to provide number of case filed by your neighbour for any further guidance.
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Answer #3
578 votes
Hello, I have perused your query. Without the perusal of notice and the details of the suit against the property any advise regarding it cannot be properly given. further feel free to contact us for information. Thank You.
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