Land occupied
Vamsi
(Querist) 04 February 2015
This query is : Resolved
Dear Sir,
My name is Vamsi from Hyderabad city. Iam working in private organization. Iam the only son to my parents. My father is a retired state government employee. In 1996 government has alloted plots for its government employees and for the MLA's of the state. My father has paid Rs 12000/- for plot cost and 200 Rs for society registration. The society has allotted the plot and registered on my fathers name but, they never gave the registered document to my father. My father almost 5-6 years followed up for the documents but they were saying something else. One day in the year 2003 ACB official came to my father explained about the fraud happened. My father came to know that, in his office one person is a president of that society and he has sold many plots to some other parties for lakhs of rupees. My father was in shock by hearing this and later ACB official promised that will get justice. They informed my father to come to the court and give the note infront of the judge.
Now, after many years again court has sent summons on my fathers name and asked to give statement. The same has given and the case is strengthening towards society members are fraud.
Some how, we've got our land sale deed photocopies which is registered on my fathers name.
I went to subregistrar office checked the Encumbrance certificate still it is on my fathers name.
The area of the plot is 400 sq yards. The present value of the land is 4.5 crore nearly.
Now, we've surprised that, some one has already constructed posh and duplex house on our land.
We are ready to do compromise also but the opposite party looks like they are having much influence than us.
Please guide me or please send us good suggestion how to solve this matter.
Reg/Vamsi.
P. Venu
(Expert) 04 February 2015
In legal terms, the person who has constructed the building is an encroacher. In our country, things are ordered according to Rule of Law and no one could be more influential than the Law.
Rajendra K Goyal
(Expert) 04 February 2015
Amicable settlement is quick method for solution. If not possible consult local lawyer. You have to fight for years to get your due.
T. Kalaiselvan, Advocate
(Expert) 04 February 2015
For eviction and possession, a suit filed will run for years, hence if possible, try for an amicable solution or go ahead with the civil litigation.
Dr J C Vashista
(Expert) 08 February 2015
I agree with the practical, economical, fastest and best advise of Mr. Rajendra K Goyal.
Amicable solution may be preferred to that of legal recourse, however, if do not succeed proceed legally engaging a local prudent lawyer.
Biswanath Roy
(Expert) 09 February 2015
1. File a civil suit against the opposite Party for recovery of land.
2. Pursuant to that suit file one interlocutory petition under Order 40, Rule 1 for appointment of a Receiver to take charge of the disputed property.
4. Serve a legal notice upon the Building Dept. of the Municipality calling upon them to explain how and on what basis they sanctioned building plan to the opposite party.
5. Serve legal notices upon all the occupiers of the building and call for their explanation under what authority they are occupying the building erected illegally upon your land.
6. File F.I.R. in writing against the builder and occupiers for committing Fraud and abatement.
7. File an application before City Magistrate u/s.156(3) Cr.P.C. for police investigation and report.
8. Taking above said steps create commotion in the minds of various occupiers and pose legal threats to the builder concurrently and at a time so that they can bent down for an amicable settlement with you.
malipeddi jaggarao
(Expert) 11 February 2015
Since the property is valuable one find out some advocate who will help you in taking steps suggested by expert Mr.Biswanath Roy by accepting initial affordable fee and come to an understanding that his fee will paid if he gets back the possession or benefit out of these actions. Do not afraid simply because they are influential. No one is above law. If the Municipality does not co-operate, use RTI Act and apply for information under RTI Act. find out an young advocate who does not have much practice, so that he can do all these things for you and fight on behalf of you. If you require assistance, I will suggest some advocate for this purpose.
