(Querist) 26 November 2010
This query is : Resolved
I had purchased my DDA flat B-4/123C (top floor) on 30 June 2008. There was a tenant in the extended structure (at roof top). I was told (verbally only) that the tenant had taken court stay and hence I will not get the possession of the extended portion. In march 2009, the tenant sold the extended portion to Rita Kumari. Rita Kumari resold the extended portion to Sudha Sachdeva on 25th Sep. 2009. On 29th June 2010 Sudha Sachdeva produced Agreement to Sell and Purchase for property 123-D before NDPL as ownership proof and got an electricity connection but was denied Water connection by Delhi Jal Board(as they have records of DDA flats in our area). I have come to know that the Tenant was lying and there was no such valid rent agreement with any of the previous property owners. The tenant was in illegal possession of the extended structure. My RTI application with DDA confirmed that no flat 123-D exists nor DDA approved of any construction on my roof ever. RTI with Subregistrar confirms registration of Agreement to sale and purchase for 123-D irrespective of whether the property exists or not. NDPL is not removing the meter saying their formalities were duly completed and this is a case of criminal nature and is beyond their jurisdiction. I have been advised to file a criminal case against Sudha SAchdeva. At the moment, Sudha Sachdeva has possession of my flat’s rooftop extended structure. I want my property extended portion evacuated. Under what sections can I charge Sudha Sachdeva? Do I need to file a police complaint or FIR or shall I file a complaint in the court directly? What is the procedure for the same? How long will such a case or complaint take? Can I withdraw the case later if there is some out of court settlement? Do I need a lawyer or I can file the complaint myself? Its really urgent.. Please help.
(Expert) 26 November 2010
Look here the thing is getting worse and you really need a lawyer's help to save your property or else nothing can be done on it and you need to take both civil and criminal proceedings against the party. Any how after going throught the entire documents i can guide you in a very better manner as what to be done. In case you need any help contact us at S&P Law Associates, Cell:9840729285, Email:firstname.lastname@example.org, Website:www.sandplawassociates.com