Construction of house on other's plot
Advocate Ravinder
(Querist) 03 May 2013
This query is : Resolved
Dear Experts,
My neighbor by name Uma Devi got 400 Sq yds of open land (out of total land of 800sq yds) situated in Hyderabad city, by way of registered will dt. 30.12.1995 which was executed by their late Mother Andalu during her lifetime. In the will it was clearly mentioned about this 400 sq yds with sketch map which is towards eastern side. Andalu died in the year 1996 and after her death, his son (brother of Uma devi) claimed the remaining 400 sq yds, by succession, which is towards western side portion, for which Uma Devi did not objected for her 50% share and she has given release deed to that extent.
Now the problem is by mistake Uma devi constructed a house long before ie. In the year 1997 in the western side plot which belongs to her brother and her brother also did not noticed it. Subsequently, her brother sold out the Eastern side plot (open plot) (assuming that it is his property) to some third party called Ramesh through Regd sale deed in the year 2002 and he in turn again sold to Bobby through registered sale deed in the year 2009. Nobody noticed this mistake.
Mr. Bobby came to this problem when he was started preparations to construct a building. As soon as bobby came to know about the problem, he started quarrelling with Uma devi to demolish her building and deliver the land to him as this land is having road facing two sides.
In view of the above facts what is the procedure to solve the problem. Whether we have to enter into rectification deed or can we enter into MOU with bobby. If so, whether this MOU can be registered with sub registrar. What is the procedure. Kindly clarify as this is very urgent.
Raj Kumar Makkad
(Expert) 04 May 2013
Registration of the MOU is the only remedy and Mr. Bobby cannot treat Uma Devi in the matter he is dealing. The mistake made predecessors in interest of Mr. Bobby cannot be got rectified by him from Uma in the matter he is dealing. Only and only one is the solution and that is the get registration of MOU before registrar.
Anirudh
(Expert) 04 May 2013
For a moment let us not talk about western side and eastern side.
In the sale deed executed by the brother, what are the boundaries that have been shown. If the building of Uma Devi existed prior to such a sale by the brother, naturally on one side of the boundary the building/house of uma devi would have been mentioned.
Please tell whether the boundaries were properly mentioned or not.
Guest
(Expert) 04 May 2013
I wonder, if your friends or neighbours deal only with illegal land and flats, as you posted another query also about your friend who purchased flat contructed on other's plot/land, as available at the following link:
http://www.lawyersclubindia.com/experts/Construction-of-apartment-in-others-land-390386.asp
Further, it is not understood, in what way you are concerned with the case of Uma Devi or her brother and Ramesh and Bobby?
prabhakar singh
(Expert) 04 May 2013
In my view the two buyers and uma should enter into an agreement to admit rights as per present spot position as it would not be possible now to get a decree of demolition from court for demolition of uma's house,though constructed at a wrong place but long back in the year 1997,for which no action was taken at once.The inaction of owner is binding upon his buyers.
R.K Nanda
(Expert) 04 May 2013
no more to add.
Guest
(Expert) 04 May 2013
Prabhakar ji,
You should not be sorry for your honest attempt to solve his problem due to being unaware about the other case. However, I feel as if some vital facts are missing in both the individual queries.
prabhakar singh
(Expert) 04 May 2013
Let him suffer for his smartness Dhingra ji!
What can we do to these smarts?
Advocate Ravinder
(Querist) 04 May 2013
I am thankful to Raj Kumar makkad sir and R.K.Nanda for your valuable advise.
Dear Prabhakar sir and dhingra sir, my friend had purchased these two properties(this querry and another apartment querry) in 'as is where is condition' for half rate of the market value with an intention to solve the dispute and sell it somebody. He is feeling anxiety to know how to solve the problem. As there is no space to write elaborately, I explained the issue briefly, so that the experts can understand easily) If I did wrong, kindly excuse me.
Dear Anirudh sir, the boundaries of the property sold to third parties i.e. Ramesh and bobby are also different ie. belonging to Umadevi. (to my knowledge, I understand, both Uma devi and her brother to avoid this mistake instead of solving the problem by MOU in 1997 itself, they concealed the same and in collusion with each other sold the property to Ramesh)
Sudhir Kumar, Advocate
(Expert) 04 May 2013
repeated http://www.lawyersclubindia.com/experts/Construction-of-apartment-in-others-land-390386.asp#.UYTrh0r7Cnc
Guest
(Expert) 04 May 2013
Problems in both the cases being of complex nature and violative of one or the other law by one or more persons, the concerned persons need to meet some local expert to get the documents examined thoroughly for guidance. Nothing much can be gained by replies to queries of casual nature here unless the copies of documents are made availableto the experts for proper analysis.
