• Property issue

Hi,

I have recently purchased a property in bangalore 40x40 purchased through a reseller who bought it from a landlord, later when i started to construct house the landlord behind my yard came and opposed to start the construction stating that my landlord had taken 15feet from his yard to make it 40x40 whereas as per him it is 40x25 to make it 40x40 my landlord has bought 15feet from his person who is the landlords relative itself and have not done the complete settlement, this is for a entire row and 11 sites have this same issue.

They say that 15 feet is from a different survey and the remaining position is from a different survey, but all the document including Katha, EC and layout plan shows a single survey number.

We are either allowed to construct the house nor the landlord is resolving this issue, this have been going on since 7 months and everything he says he will resolve this as soon as possible. but no response till date.

Please do let me know how can we go resolve this issue and start our construction?
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

6 Answers

file suit and seek injunction restraining landlord from disturbing your possession of property

2) also seek orders to restrain landlord from creating hurdles in carrying out construction on your property

3) it is better 11 plot owners collectively file case against the landlord

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1)caveat is notice to be issued to defendant before any reliefs are granted by the court

2) in your case once you file suit and seek permanent injunction restraining defendant from disturbing your possession of land court would after hearing the defendant , evidence on record grant you reliefs prayed for

3) you should get your building plans sanctioned by muncipal corporation . since landlord is refusing to permit you to carry on construction you have to seek stay against landlord creating hurdles in carrying on construction on the land

4)you have to seek declaration that you are absolute owner of the land and seek injunction against the landlord restraining your possession of land

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

if he has not filed any case regarding encroachment in his land then his allegation is not sustainable in law. you can get injunction order from the court by filing injunction suit. after passing of such order he cannot oppose any construction on your land.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. Since he is obstructing the commencement of construction you should file a suit for permanent injunction to restrain him from doing so.

2. A caveat by you will serve no purpose at this stage.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

We are either allowed to construct the house nor the landlord is resolving this issue, this have been going on since 7 months and everything he says he will resolve this as soon as possible. but no response till date.

Please do let me know how can we go resolve this issue and start our construction?

If the landlord is not coming for any amicable settlement or solution and insists on his own ideas, you may ignore his claims and issue him a legal notice instructing him to refrain from interfering into your possession and peaceful enjoyment of the proerty failing which you will be approaching law enforcement authority or court for solution and remedy.

If he is not listening to this legal notice too then you may file a bare or mandatory injunction suit against seeking to restrain him from interfering in your possession and peaceful enjoyment of the property.

You may consult an advocate in the local and initiate proper legal action as per law.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

1)file suit and seek injunction restraining landlord from disturbing your possession of property :->> File suit?? is there any specific name for this suit? and how about caveat?

You can file a bare or mandatory injunction suit. There is no necessity for filing caveat at this stage.

2) also seek orders to restrain landlord from creating hurdles in carrying out construction on your property: ->> Request you to please elaborate on what order we need to go ahead with?

It is an ad-interim injunction order by an application under Order 39 Rule 1 and 2 CPC restraining the defendant to not create any hurdle or encumbrance till the disposal of suit

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer