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ravi   31 January 2018

Rcs suit status steps unready

 I sold residential property 5 yrs back vua a registered sale deed, paying stamp duty and registration charges. Change of ownership was recorded in the town planning scheme office, however the same was not done with the local municipality or the water and electricity depts, where my name still continues. 
Two yrs after I sold the property, my neighbour filed a RCS suit against me and the local municipality for illegal construction. 
The summuns were received by tge municipality but till date summons have not been received by me as the registered post as well a the Baliff went back undelivered.
In the meantime the hearings have proceeded against the municipality nut against my name the staus us shown as \\\"steps unready\\\". I am aware of the case as the municipal official has informed me u officially. 
What steps I should take to quash the case against me as i cannot tell the exneighbour to wuthdrae the casr as our relations are bad.
The case was filed with intent to harass and trouble me. Can i approach the distt court with request to quash the case.
Your opinion will help as i am a sr citizen and do not wish to run around for the case.
Thank you



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 1 Replies

G.L.N. Prasad (Retired employee.)     01 February 2018

Contact Legal Services Authority or local advocate for proper guidance.  A local Advocate is a must to guide you in each and every step.  Remember, the construction is illegal.  You have constructed without permission.  Because you have sold it, you can not escape from your responsibility.  There are several issues involved in this apart from illegal construction, as the purchaser may also initiate some action to harass you.  (though he is supposed to verify such municipality approvals himself before buying the property as duty is on him to make reasonable inquiries).  Lot of facts are to be studied as to whether you have applied for sanctions or received any approvals or there are deviations or violations in construction.  Say you are owning a vehicle and during such ownership you have violated traffic rules.  Because you have sold the vehicle, you can not pray exempting you from violations.  In the same case, illegal construction was done by you.   It is the court that has to decide the case on facts and it is proper for you to defendant yourself before the court.


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