• Land disputes

Since one year my dad did a deal to sale his 1.25hectre land but the disputes start from my paternal side because they having jealousy on us. Now they are telling us that your house is built in illegal way nd you have to destroy your house just to give 15ft road to UIT. In that case tell me one thing here that my road is niether in city side nor comes under any state highway or national highway planning.. then why i should destroy my house ..
Asked 5 years ago in Property Law
Religion: Hindu

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11 Answers

No need to destroy your house

2) it is self acquired property of your father he is at liberty to sell it without consent of his relatives

3) I presume house has been constructed as per sanctioned plans

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Sir if the house is constructed after obtaining permission or is not illegal in law then they have no power to destroy the house.

Further if the agriculture land is of fathers share or his self acquired then he can sell on his wish there is no requirement of the any permission from any one.

Further if there is no such notice and sanctioned plans of Urban Improvement Plans of UIT this cannot be destroyed also kindly check if the property in limits of UIT or not. House cannot be destroyed in the circumstances do not worry further verify with UIT plans. You donot have to destroy the house.

Check UIT approved road networks in Udaipur here http://www.uitudaipur.org/uitweb/road.php

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

This is my response to you:

1. You should send a notice to the paternal side of your family;

2. You should check on the website if they are actually needing the road to be built by destroying your house;

3. The website is here: http://www.uitudaipur.org/uitweb/road.php

4. If they do, then the authority will compensate you;

5. So make sure you approach a local engineer to double check the need for destroying your is necessary or no.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. The concerned authority will decide whether your house is built legally or illegally

2. If a road is to be made then the affected owner will be adequately compensated by the land acquiring authority

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

Before demolishing any unauthorized construction a show cause notice is issued to the owner of the building to afford him an opportunity of showing that his construction is not illegal.

2) However, when the court of law directs such demolition then such show cause notice may be waived off for demolition of the building.

3) Furthermore, the notice by the municipal corporation also gives to the affected person the opportunity and time to obtain a stay order from the court.

4) Opportunity is given to residents to file their reply to the show cause notice.

5) If the reply is not filed to the show cause notice within the time frame, or if the stay is not obtained from the court.

6) You can issue legal notice to muncipal corporation and claim damages for loss caused to the property.

7) You may File a suit for recovery of damages against the authority who had ordered such demolition.

8) Alternatively before filing the suit for recovery of damages, a RTI may be helpful to find out as to on whose orders the demolition drive was carried out and why a notice did not precede the demolition.

9) You may also file a PIL before the High Court.

so sir dont worry wait till notice Received thn you can proceed to the next

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Firslty, Sir, there has been a well settled law as the person who is aggrieved by anything may come forward and make a complian.

Secondly, if they are saying then let them say as if you done something illegal then it is for the state to react on it not they.

Thirdly, and if state come into picture due to their complian then straight away move before the High Court under the Writ of Mandamus as you are right in your query that you are not creating any hindrance to the state.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

Hello,

You are not required to destroy your house.

Let them file a case they can not force you to destroy your own house, even if the same is illegal.

regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You don't have to. It's a wrong suggestions

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

hello

file a complaint with the police and the tehsildar wrt the land and the disputes arising out of it due to the illegal interference by your relatives. there is no need to destroy your house.

regards

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Even am not getting, If it`s your father self acquired house, what problem they have, and public road is issue of municipality not their concern, avoid them , they can`t do anything.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

If the neighbors are threatening you then you may either lodge a criminal complaint against them in the concerned police station or you can ask your relatives to approach court for this/

You dont have to leave space for road if there is already access road to others on a different side.

Let the aggrieved party approach the court which can be challenged properly.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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