Ejection of encroachment
Querist :
Anonymous
(Querist) 07 February 2010
This query is : Resolved
Respected lawyers/advocates,
My neighbor has encroached north east portion of my plot by removing my boundary of 1968, encroached portion is around 10 by 10 = 100 sq. feet. He has almost completed his construction within one month even without applying or any approval of his plan at municipality. He is a rough person with political background and has purchased his plot just two year back. We generally stay outside the town. I have all the documents like sale deed rent receipt etc., even proof for existence of my boundary of 1968. Before filing civil/title suit for ejection, is it good to send an advocate legal notice? In case if I win the suit, will that encroachment be removed by the court, what actually I want?
My thanks and regards to you.
B K Raghavendra Rao
(Expert) 07 February 2010
Complain to the local municipality authorities who should have approved plan for construction, complaining as illegal construction and demolition of the same. If your request is not heeded, issue a legal notice to your neighbour as well as municipal authorities and proceed against them in a court of law. Your prayer shall be for demolition of unlawful construction carried out by your neighbour in your premises and restoration of encroached area.
If you win, the municipality would demolish the construction and restore the place to you.
Querist :
Anonymous
(Querist) 07 February 2010
Sir,
Can I get the format and guideline of the legal notice regarding above matter please.
Thanks
Raj Kumar Makkad
(Expert) 08 February 2010
You should engage a local lawyer who shall draft notice on your behalf and shall guide you properly instead of you get draft legal notice from this community members.
kranthi kiran
(Expert) 08 February 2010
File a suit for recovery of possession and mandatory injunction to demolish the construction made in the part of your plot
Querist :
Anonymous
(Querist) 08 February 2010
Sir,
Thanks for the prompt and accurate reply, I am following advice of my local lawyer, who happen to be very open minded and adopt any suggestion by client and take up new things.
