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Sunil (Software Engineer)     15 September 2010

case against my developer or the person who encroached?

 

Hello Team,

 

I have bought a site(30X40 sq.ft) in Bangalore from a popular developer in the Jul, 2006 which is BDA NOC.  However, in the late 2007, another party has occupied(encroached) the site claiming its his and even they gone to an extent of constructing a compound wall.  Note, its not me alone who landed into this problem, there are about 15 people whose (30X40 sq.ft.) sites which is there in one stretch has been occupied.  On checking with the developer who sold the site, he claims that he will get it in a couple of months.  And this I have been hearing from past 2.5 years.  

 

Should I filing a case against my developer or the person who has encroached and what are the supporting documents that I need to provide?

 

Thanks,

Sunil Kumar



Learning

 5 Replies

Parveen Bansal (Service)     16 September 2010

File case against the developer for selling land, which is not owned by developer. It become case of cheating. File case against the encroacher for encroaching the land. It will be difficult for you to decide, who is the fault. You have already taken 2.5 years to only to understand, against whom the case should be filed.  Hence, your legal strategy should be to file the case, where both are defendants. Let them argue their case, to prove that who is innocent.

Parveen Bansal

0997 159 3217

1 Like

suresh (Advocate)     16 September 2010

Dear Mr.Sunil.

First you should file a Temporary Injuncion suit against the encrochers, upon filing the case if you obtaine the injucntion order you can resist the encrohers.

Secondly you can file a suit as against the builder.

1 Like

VIJAY SHAH (REAL ESTATE CONSULTANT)     16 September 2010

HELLO TEAM ! AI AM ALSO FACING SIMILAR PROBLEM, I HAVE GIVEN MY PLOT TO BUILDER FOR DEVELOPEMENT BUT HE HAS DONE NOTHING INLLAST 15 YEARS, INSTEAD CONSTRUCTING UN AUTHORISED GARAGE SHED, WHICH IS USED BY OTHER PERSON

I HAVE FILED CIVIL SUIT FOR POSSESON OF PLOT & INJUCTION  TO STOPPING HIM FROM DOING ANY ACTYVITY ON PLOT.

CAN I FILE A CRIMINAL CASE AGAINST HIM ?

PLEASE GUIDE ME IN THE MATTER.

Sunil (Software Engineer)     16 September 2010

Thank you very much to all for providing your input.

Parveen Bansal (Service)     17 September 2010

Dear Vijay,

Have a look at joint development agreement. Cancel the JDA by giving notice. Seek order from court for permanent injunction to not to carry any activity other than permitted activity on plot. Fight case for eviction. Looks like 15 years is a long time to get the plot back. Legal strategy to fight the case should be aggressive.


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