Soumya (owner) 06 July 2011
My Uncle build a 5 storied flat [including ground floor] beside our House. Actual land was partitioned proportionately between my father and my uncle.
The problem is that the current Structure has illegally built on our land too. Unfortunately my Father didnt oppose or filed any case against this. And its now almost 15 years past after that.
So, Am I still elligible to file any case against the Flat stating that the Flat is illegally build? Also do I have any kind of hope of winning the case?
Soumya (owner) 06 July 2011
The property is in Howrah, West Bengal
Kalpesh (Advocate) 06 July 2011
Hi,
Your claim to claim back possession of the land is barred by law of limitation as it provides period of 12 years to file a suit from the date of dispossession. However, the construction carried out by your uncle has to be in accordance with local development regulations. If the same is not in accordance with local development regulation then you can file complaint with the Municipal corporation or development authority who approves the Building plan and can also approach civil courts for demolition of the portions constructed illegally and without having ownership on the land.
Kalpesh Joshi
Advocate
Mumbai.
Bharatkumar (ADVOCATE ) 06 July 2011
First u check a plan pass copy then u file a suit for possession and stop the illegal constuction on your land. Attach a all legal documents with suit.
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