• Buying residential NA plot with a local neighbor growing vegetation on it from few years

I am in discussion on buying a residential NA plot in Palghar district, Maharashtra. 

This property has NA permission/ order but owner has not done any construction from long time. It is only 3 guntha (300 sq. meters) and is between 2 other NA plots. All these plots are part of a registered cooperative society. Once purchased I am planning to construct a small house as soon as possible.

The owner (residing at Mumbai) has all the land documents.

Now, owner has good relation with a local neighbor and has permitted them (orally only) to grow fruits and vegetables on the plot from 3-4 years. They have not given any written permission as such. Owner believes that the neighbor will vacate the plot once he sells it to anyone. 

However, I am feeling bit nervous about potential future disputes and want to know what can be done before buying the plot so that there are no troubles tomorrow. 

Can I ask owner to get some written affidavit etc from the neighbor stating that they will clear the plot in 1 week/ month time and will never trespass without prior written permission?
Asked 2 years ago in Property Law
Religion: Hindu

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14 Answers

1. Ask your seller to get the land vacated first and hand over vacant possession to you

2. if you wish to enter into some transaction with the owner but fear that the neighbour who is growing fruits etc on the land, would not vacate, then I suggest that you enter into a Memorandum of Understanding with the owner in which it will be agreed that part consideration will be paid on signing of MOU and balance on registration of sale deed and hand over of vacant possession to you

3. impose a condition in the MOU that within x number of days of signing the MOU, the owner has to obtain vacant possession of the plot from his neighbour. If he fails to do so then you can terminate the MOU and demand refund of your token money

4. never enter into any sale deed without securing vacant possession of the plot. Who knows the neighbour may turn hostile and refuse to vacate. The owner would sell the plot to you, accept the consideration and move out. You will be left in a lurch if you have the headache of getting that neighbour vacated from the plot

5. no affidavit or any other document should be accepted by you from the owner on the premises that the neighbour has sworn in an affidavit to vacate the plot. its of no use. put the entire onus on the owner to secure the vacant possession of the plot

6. in fact i suggest you keep some balance money payable and pay that to owner after a week or so of registration of sale deed

Yusuf Rampurawala
Advocate, Mumbai
5707 Answers
35 Consultations

5.0 on 5.0

Dear Sir,

Affidavits and other undertaking bonds do not work. Ask your prospective vendor first get the land free of all vegetable plants grown by the neighbor. If land is free from all encumbrances then only go for dealing with the vendor otherwise you will have to face serious consequences. Also perused order regarding converting agricultural land into non – agricultural land. In some cases they will be a clause to raise construction within certain period, failing which, the said land automatically revert back to the status of farm land/agricultural land.

Kishan Dutt Kalaskar
Advocate, Bangalore
5583 Answers
218 Consultations

4.8 on 5.0

Obtain in writing from neighbour that he would clear plot in a week time and not grow any vegetables, fruits on said plot .

2) in event he encroaches on your property file Police complaint of criminal trespass under section 441 of IPC

Ajay Sethi
Advocate, Mumbai
78853 Answers
4742 Consultations

5.0 on 5.0

Dear Client,

Being owner of the land, u will have absolute right in the property, but before purchase, it is advisable to get the land vacate from all yield and erect the fence and gate .

Yogendra Singh Rajawat
Advocate, Jaipur
21355 Answers
31 Consultations

4.4 on 5.0

Firstly, you need to go to the registrar’s office and check yourself about the free rights over the plot.

Secondly, ask him to ask the neighbour to vacate the land as even if he gets an affidavit then also it can be denied in future as affidavit can be attested without the presence of the parties.

Thirdly, once they clear the land then have a layout plan on paper from a sketch maker along with the other property documents plus sale deed, so that in future you can very well demarket your land.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hi,

it is better to ask the land owner to get the land vacated before you get the registration done and also get the physical possession of the land.

Ganesh Singh
Advocate, New Delhi
6450 Answers
13 Consultations

4.5 on 5.0

Sir on agreement ask owner to first hand over possession of property and get it vacated then only the consideration amount can be paid. See there can be case when neighbour denies to vacate and there can be long drawn civil litigation.

So ask owner to get plot vacated once it is vacated then pay the consideration amount and prepare sell deed take the possession of property.

Yes that can be alternative but an affidavit is also subject to litigation an can take time ,

The best way is make an sell agreement make an condition that once plot is vacated within one week and possession is handed over you shall pay the consideration as agreed and proceed for sale deed

Shubham Jhajharia
Advocate, Ahmedabad
25499 Answers
111 Consultations

5.0 on 5.0

You should ask him to produce an undertaking from the neighbour that the he has planted fruit plants graciously and on Oral permission of the land owner. He will uproot all the plants on or before the fixed date.

Shivendra Pratap Singh
Advocate, Lucknow
5125 Answers
78 Consultations

4.9 on 5.0

No written agreement or affidavit in this regard will enable to recover possession of property after you have purchased it from the owner. The owner also will disown the responsibility and may not be of any help to you at a later stage when there arises any dispute in this regard.

You may better demand the owner to show the vacant land by dispossessing the cultivators from the landed property now proposed to purchase.

Without confirming the vacant status physically you better avoid purchasing the property, because you wanted to buy the property to live their peacefully and not with constant litigation.

What if the occupiers do not vacate after you purchase despite giving an assurance in writing, will you run to court seeking relief or remedy?

Why do you have to undergo this situation and knowing well that this type of situation may arise in future, why do insist on buying this property which is not clear?

These days the properties with clear title itself are subjected to litigation to trouble and torment the buyers by the greedy land mafias, so you imagine your position when the present occupiers refuse to leave the property.

T Kalaiselvan
Advocate, Vellore
68881 Answers
929 Consultations

5.0 on 5.0

Your question: Can I ask owner to get some written affidavit etc from the neighbor stating that they will clear the plot in 1 week/ month time and will never trespass without prior written permission?

Answer: You should do the following:

1. You can ask the owner to make an affidavit that there is no claim on this land;

2. You should get an NOC from both the neighbors stating that they have no claim by ownership or easement on the land adjoining the seller's land (i.e. the owner's land);

3. You can also issue a newspaper advertisement asking for any claim on the land within 30 days;

4. You should ask for all the land documents from the owner;

5. Collect the papers relating to the land from the collector's office;

6. You can then purchase the land if the above mentioned checks are done by you.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Get a Agreement to sale done by giving 10% of the total value, with terms and conditions that the seller will get the plot vacatted within 1-2 months with peaceful possession, and after that he will construct a boundary.U can pay for that boundary .Register the agreement to sale. Set the terms of payments also in that agreement. once he gets the plot vacatted u can start the payment schedule. once the full payment is made u can execute the sale deed. and mutation.

Girish Bhambhani
Advocate, mumbai
24 Answers
1 Consultation

4.0 on 5.0

1) Before buying plot ask onwer to take possession of the plot by fencing compound steel wire or wall whatever suits him plus ask him to put his name board on it along with survey number, it should be easily readable from 50 feet long distance.

2) No matter the cost increases little bit but your future problem will get sorted out easily and you will get direct possession from owner. If there is any dispute on this land than you will come to know regarding this for any dispute arise.

Ganesh Kadam
Advocate, Pune
11579 Answers
109 Consultations

4.9 on 5.0

1. Logically, Legally it is safe to buy any property, "ONLY" IF immediate possession of the property is possible. ELSE NO. The Seller should ensure vacant possession, before the dealing.

2. Check out the NA tax receipt and find out if the neighbor has had his name endorsed /claimed his name on the receipt. An indemnity bond must be taken from the neighbor undertaking to vacate and relinquish any type of claim on the land.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5418 Answers
25 Consultations

5.0 on 5.0

You only pay the money when you get clear possession of land.

Prashant Nayak
Advocate, Mumbai
22089 Answers
49 Consultations

4.4 on 5.0

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