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prasanna kumar (individual)     20 May 2010

encroachment

Sir,
I have purchased a property in bangalore from my relative. their neighbour has encraoched a portion of his property by 250 feet.5x50 ft. on basis of an unregistered agreement purportedy executed by the original owner in the year 1972 he has obtained status quo.
the judge now is refusing to vecate the status quo. and he has forced us to accept and go for evidence. I purchased the property 3 yers ago and noticed the encroachment. otherhtan the unregistered agreement he has not title.where as we have clear title and are paying tax for the same.

My question is can the court based on the unregistered sale agreement order the status quo. Can the judge force us not to press for vacation of the status quo. ultimately will I get justice and my property back. Whether the limitation act apply to us and we will loose the property.

I have lost faith in the people whom I engaged a lawyers as my opposit party is bribing and booking all of them and things are working against me.
Can anybody help me and guide me what to do.
The case has now come for evidence stage. but it is being dragged and dragged forever.



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 4 Replies

N.K.Assumi (Advocate)     20 May 2010

His agreement is already barred by limitation, so go for evidence without worrying for status quo order by the court. Moreover, registration of immovable property is cpmpulsory under the Indian Registration Act, which he has not done. 

1 Like

prasanna kumar (individual)     20 May 2010

Sir,

Thank you for your kind information. But I am confused as he is repeatedly sending messages through various people including my advocates that if a person is in possession of any property for more than 13 years, he has the natural right and the property belongs to him and I will have no rights over the property. Is that correct. He is trying to create some documents to prove that he is in possession of the property for more that 13 years.

Your advice is highly appreciated.

G. ARAVINTHAN (Legal Consultant / Solicitor)     20 May 2010

Relying on an unregistered document that too old is not correct. You have a good case. Since it is an encroachment, you better file a suit for declaration and recovery of possession

1 Like

Deekshitulu.V.S.R (B.Sc, B.L)     22 May 2010

Sir

The agreement is not enforceable under law. The claim is made through a deed. Your rights are absolute. You have to file a suit for declaration and possession. Hence get the evidence done. Good luck


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