• Issue after reconstruction of house

My grandfather bought one 1600 sqft plot. but due to misguidance he constructed the house in 2000 sqft area. After 60 years i planned to reconstruct the house, so i demolished the old construction and started building the new one. while making was on process My neighbour came and requested us to leave 2 ft gap but i ignored coz i never knew that we need to leave some gap between two plots as i was just constructing on same area. when the walls reached some height my neighbour broke the wall (I have video proof but its pretty hazy coz of evening ) . we went to police station for the complaint and filed FIR that the person broke our wall, used slang and threatened to death , but in return he filed the counter FIR with same allegations. Police took the matter to court and after few months it slowed down and we also didn't took much interest as the process was harassing, needed money each time we used to go court, We have no idea what happened to that case. About the land we came to know that it was our fault up to some extent 1: land on paper is 1600 sqft , but we built house in 2000 sqft, 2: when we asked RI to check the land we came to know that the half of the built up area is also in wrong land and in 1000 sqft there is someone else construction is there and there is a road connected to neighbours house 3: We paid tax of 1600 sqft till date. 

I know its a mess around here but i need your help to come out of this scenario.
Asked 6 years ago in Property Law
Religion: Hindu

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10 Answers

Dear Concerned,

Here are two options for you

A. Go to the concerned municipal office / land revenue office and check the exact map of your colony followed by the entire process of getting your land measured according to the map - also figure out what is the actual exact area you have to built on - it seems that at the time of intial construction itself has been done on PART wrong land.SO you would have to go through a long long drawn legal battle with the concerned land authorities and the neighbors being the parties to the case.

B. IGNORE the present situation and construct on what ever land you have available around you - IF there is no STAY on construction you can get the house constructed by leaving space as per your city Building Plan regulations. YOu may also choose to settle your dispute amicably with your neighbor outside the court rather than dragging the case.

Best of luck

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

1. Well, if you have lesser area then you will have to make cosntructions in that area only.

2.The previous mistake doesn't give you right to continue the same mistake right now.

3.If some portion of your area is now occupies then you will have get it cleared and then make constructions.

4.Otherwise the whatever area belonging to you is left vacant you can raise construction thereon only.

5.The mistake done before doesn't give you right to repeat the same mistake.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1) apply to survey office for carrying out detailed survey of your land and demarcation of boundaries

2) apply to municipal corporation and get your plans sanctioned by municipal corporation

3) if any part of your land is under possession of neighbours seek demolition of unauthorised potion

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You have right to take possession over 2000 square feet area on the basis of having position over the land from last 60 years, you have right to claim over the area irrespective of the fact that on the revenue record there is mentioned only 1600 square feet area. You have accrued right over the 400 square feet area 22 uninterrupted enjoyment since last 60 years. In this situation you can file a declaratory suit and got declaration from the court that you have ownership over the 2000 square feet area.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

When all the title holders have made construction over the land  therefore in this condition it is not possible to rearrange the area of land among the plot holders.

So you have right to take possession over the land irrespective of the fact that there is 400 square feet land is excess. At this stage arrangement of plots can create hardship to the court  to decide this matter.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Hello,

Yours will be considered to be a case of deemed possession since you are in uninterrupted possession of that area since last 60 years, you may go head and file a declaratory suit.

Also as with regards to the construction, you may go ahead and carry on the construction leaving the area as per the city plan of your area.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Since you are at fault of encroaching extra land you better go for compromise with your neighbor and agree to leave 2 feet as gap between both the buildings.

This may allow you to continue the construction of your building in the entire area where the building already existed and may not draw the attention of the competent authority which may bring down the structure by demolition for illegal construction on the property which do not belong to you.

You can compromise with the neighbor and both agree to withdraw the complaints against each other so that everything will come to end and you can sigh a relief.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You have to take legal proceedings as advised herein above

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

If you decide to file a declaration suit on the basis of adverse possession, you may be at loss if the court rejects the same especially in the basis of the government records revealing your exact extent of property.

Therefore in my opinion, a compromise with the neighbor, if it can fetch an amicable solution to this, you better choose that option.

The present situation, if you overcome the crisis by a compromise with the neighbor, you may sigh a relief, left to you to decide.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You must show the possession on the land in the court and construct the land thereupon. That will be the best way for you.

Also file a caveat in the court so that no order is passed ex-parte.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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