Respected sir, I had purchased the land in August 2016 after taking legal clearance from an advocate.Now one of the neighbours issued legal notice saying that there is an encroachment of wall about 3feet on to the pathway that was donated by his father.The wall was constructed 8 yrs back.He kept quite all these years without any murmur. Now he is coming forward and threatening me to remove the wall immediately within 15 days of receiving the notice. My question is.. Sir,is it legally sustainable if he approaches court? coz it is already 1 and half years back i purchased the land. what should i do? do i need to respond to his notice? kindly give your valuable advise. thank u sir
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1) deny that you have encroached on his land
2)mention that wall was constructed 8 years back
3) at no stage during construction and thereafter for 8 years he did not object
4) you must reply to legal notice
5) let neighbour file suit if he so desires
Do not listen to such demands.The land you have purchased were left in demarcation and possession of your seller for all these years and they never raised any dispute
So remaining silent they have waived or acquiesced the legal right to claim back the land , if any encroached.
In that event if at all they are serious in their claim let them go to court seeking reliefs,if any,available.
You need to only defend the suit which is much more an easier task.
1. Immediately lodge a police complaint against his such threats of physically demolishing the wall against your wish.
2. Thereafter file a declaratory suit praying for a declaration that the said boundary constructed 8 years ago clearly marks the area owned and occupied by you.
3. you should then file an application under order 39 Rule 1 & 2 praying for and availing a stay order restraining the neighbour from demolishing the said wall till the suit is disposed of.
4. you should then send a copy of the said order to police station for their information and action if needed in future.
Thank u sir for your kind reply. sir you have mentioned that i have to respond to legal notice,should i respond through the lawyer or personally talk to the petitioner,i mean the neighbour. sir if he files a suit,does the document sustainable in the court of law? does the court allows the document for verification because its almost more than one year back we registered the land (My friends told me that if any doubts or disputes should be raised within one year of registration), i would be very thankful if you clear these doubts. thank u sir
You must get reply drafted by Lawyer
2) burden of proof is upon plaintiff to prove you encroached on his property or on pathway
1. You should reply talk to the said person but send the reply through your Lawyer.
2. He can state that he was not aware of the said encroachment or did not take notice of it for which it will be difficult for getting his suit dismissed on the ground of maintainability.
3. You file the suit before he files as suggested in my earlier post.
You should reply to the notice denying all the allegations made there under. You should take help of the lawyer to draft reply as thar would be perfect he can review documents and reply.
See if there is an encroachment it can be challanged but you have defence the neighbour has to proof that it's an encroachment. You are bonefide in purchasing a property having clear title and clear demarcations of boundaries.
You have title documents for said demarcations and the wall was constructed 8 years before so there can do no harm still if you have a doubt file a declaratory suit in court with all documents showing your possession and title.
You can reply the notice through an advocate only so the contents mentioned in the notice can be aptly replied .
The suit if filedhim doe snot seem to have much merit .Yes all the documents filed n court are placed under scrutiny of court at appropriate stage of the trial.
Yes you will have to give the Reply through a lawyer.
Yes the document is sustainable in the eyes of law
It is better that you send a reply to his legal notice through an advocate.
Deny all his allegations of encroachment.
This is not the case, he can raise the dispute at any time he gains knowledge of the same, there is no limitation for the same.
Regards
The deed of conveyance under which you have acquired this property, gives you a clear marketable title to you upon this property.
The onus to prove his allegation of encroachment lies on him.
Reply through a lawyer.
You need to reply to the notice through a Lawyer.
If you still apprehend that the neighbour may cause problems to you file a case for injection against the person.
you may have to provide all the documentary proofs for the case.
Dear Sir,
My answers are as follows:
Sir,is it legally sustainable if he approaches court? coz it is already 1 and half years back i purchased the land.
Ans: Yes, you must approach Civil Court and get injunction order.
what should i do? do i need to respond to his notice?
Ans: You have to immediately reply to the said notice and approach Civil Court. You must go to the Court at first instance before the opponent goes to the Court. You can claim easementary right over such property. No concrete opinion can be given without seeing relevant documents.
You have to give a reply notice to his legal notice denying the allegations leveled by your neighbor.
You have to see what and how does he claims this encroachment.
You can ascertain this by taking the help of a local surveyor.
Alternately you can challenge his case in the court of law if he prefers to go to court for this
Since you have received the legal notice, you have to give a reply to his lawyer in writing denying the allegations made in the legal notice.
If he goes to the court, the court will hear both the sides before arriving at a decision.
The documents he filed and you would be filing before the court will be scrutinised and arguments from both the sides would be heard by the court.
The court will decide only after ascertaining the facts
No opinion can be rendered without looking at the documents in your possession.