Building on a wrong site due to wrong documentation
Querist :
Anonymous
(Querist) 30 January 2011
This query is : Resolved
6 years back, I bought an independent house and sale deed has been executed on my name. 2 years after I bought the house, adjoining site owner claimed that the site belonged to him. The problem was that, the city development authority, while sending the allotment letter, had given a wrong schedule for 4-5 sites in that area. The person who built the house has built the house as per the schedule mentioned in the documentation taking the house behind our site as reference which we later came to know was wrongly specified. Now they have lodged complaint with development authority saying that we should be vacating the land.
Firstly, the error was in the documentation given to us by the authority.
Secondly, the building was constructed not by us but it was bought by us.
Any suggestions what I am supposed to do and will there be any protection to me in the law?
Advocate. Arunagiri
(Expert) 30 January 2011
This is a problem created by the mistake of the allotment itself.
My advise is to go for compromise. Only the plot number would have changed. Discuss for getting the price for the construction. Till such time get the injunction from the civil court.
Querist :
Anonymous
(Querist) 31 January 2011
Respected Sir,
The problem is that the person next to our house has also built the house with the same reference of the house behind and also our house as reference. So, if at all, it has to be a three way compromise for which they are asking me alone to pay up for all the charges.
If compromise is ruled out, will there be any protection in proceeding with this case?
