Upgrad LLM

illegal occupany in house , bymunicipal commssioner for government building


We ( daughter and mom) are in Tamilnadu and our house in Andhra. We have proper registration documents, EC, Tax receipts that the house is in our name . But the Municipal Commissioner have occupied the house illegally with the help of my aunt ( dad's sister) and have occupied the house . The rental agreement is created in her name but not registered anywhere. Even the government building is not appearing anywhere . Please guide how should we approach the court .
 
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subregistrar/supdt.(retired)

You shall consult a local advocate and discuss with him to file case in the court.

 
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Lawyer

Issue a legal notice to vacate the premises followed by a suit for cancellation of rent agreement and permanent injunction with claim of damages through a local lawyer.


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Retired employee.

First, file RTI Application and seek documents and create a record then contact an advocate for filing an eviction suit.

Information solicited:

The subject on the information sought:  Occupation of building No.....................................at...................................located in .............................

Information solicited:

1. Please provide each and every document basing on which the Municipal Commissioner is occupying our house without our consent, knowledge, and information as we are titleholders and real owners.

 
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Advocate

The facts, as posted, lacks clarity. Please post simple facts bringing out the real issue.

 
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Hi All, Is there anyone who can help us with this case. It will be good if the person is from Nellore Area.

 
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Retired employee.

Never expect that someone will come at your call and help you through getting Municipal Commissioner to vacate the house at Nellore.  You are just within 3 KM drive to Nellore and you must be having friends and relatives at Nellore.   Contact Commissioner personally and get the clarification.  Members have already offered possible guidance and it is impossible to expect further guidance on the same issue.  

 
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Hi Prasad,

I am looking for a lawyer who can help us file a case against the commissioner and my aunt. I am not looking for an unofficially help. We are ready to pay for the lawyer. Provided we get our house back . We are not 3KM from Nellore. We are almost 200 KM from Nellore . We consulted many Tamilnadu Lawyers. They said its good to consult who is someone close to property. The house is near TADA . But when we consulted the top rated lawyer near TADA , he said he had already taken the opposite side arguing for my aunt( Note, we have not received any legal notice, but they have consulted him). Now we need a lawyer who is not from that place but close to the property. Hence, we chose Nellore . Please let know if you need anymore clarifications. We are not looking for off the court settlement . We looking to file a case and issue a legal notice and vacate my aunt. The commissioner is vacating on the 10th of coming month.

Best Regards,

Abhi

 
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Retired employee.

Madam

The 3-hour drive was wrongly typed by me as KM.  Before engaging a suitable advocate, keep the ball rolling by making a Grievance petition in online SPANDANA, seeking such certified copies for building up a case, making a complaint to LOKAYKTH, Issuing a formal legal notice to Commissioner through Chennai Advocate for vacating such house illegally occupied.   There may be advocates that reside in and around Tirupati that practice in Nellore.   Before all that, there must be one to one meeting with Commissioner in a cordial atmosphere and explain your title to the property and his alleged illegal actions etc.  Prepare a plan of action and collect evidence and then proceed as per that in a time frame in order of priority.  Let us be frank that it is very difficult to find such advocates that do all the groundwork, and think it fortunate to get an advocate who deals with the issue and steers you to success with all honesty and sincerity.  There may be some other ways for eviction and only a local advocate depending on his competencies can assure you.  Fortunately, the alleged trespasser is a Public servant and not a politician from a ruling party.

 
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