Registered property encroached by others
I have purchased a site at Andhrahalli village, Yeshwanthpur Hobli, Bangalore North, which was Gramathana during my purchase of site (i.e. during 1994). I have purchased this site from General Power of Attorney (GPA) holder and got it registered in the Sub-Registrars office. I have applied for Gramathana Khatha and got the same from village Panchayath. I have constructed a small sheet home on that and used to pay regular property tax at Panchayath office. During 2005-06 the Government of Karnataka added some surrounding villages into the Bangalore Municipal corporation and called it Brihuth Bangalore Mahanagara Paalike. Taking the advantage of the rising price of the Property in Bangalore and surrounding areas, the owner of the land before giving it to GPA holder, registered my site on other person's name (other sites nearby and surrounding sites of my sites are still in the purchasers name purchased from GPA holder) during 2006. Now the person who purchased my site threatening us with the Help of local goondas and not allowing to enter my site. Please help me by advising future course of ACTION.
Asked 4 years ago in Property Law from Bangalore, Karnataka
you have to immediately approach the civil court at bangalore by filing a suit for permanent injunction against the aforesaid encroacher, make the land lord and the GPA Holder also necessary parties to the case. Get in touch with an advocate and start the process A SAP.
I fully concur with the learned colleague.
Hi, you have to file suit for declaration, stating that you become the owner of the property by virtue of the sale deed, you have to seek relief by way of deceleration and permanent injunction and make the owner and GPA holder as party and you have to approach city civil court.
we have 3 learned members of kaanoon.com from Bangalore . contact them and take appropriate legal proceedings . you will have to file suit for declaration that you are the owner of property and for injunction against the encroacher and make the ex owner ang GPA holder parties to the suit .
please note that suit simplicter for injunction is not maintainable
Approach the civil court at Bangalore and file a case for declaration of your right as an owner of the property and also seek the eviction of this person from the property of which you are the owner. Initiate the legal process as soon as possible as in matters such as this time is of great essence. The longer you let him stay in the property the more difficult it might get to remove him with the process of law as this will afford him an opportunity take many grounds in his defence.