• Objections after 5 years of Construction

Dear Sir
 We have a land which we got by succession and constructed a building for business purposes in panchayat area in 2013. Right beside our land there is another extension land which was owned by our paternal aunts however they sold it to someone else on 2009. Right besides their land there is some vested area which has no records .That vested land is sold by some local land mafias . After buying from them (Vested) the land owner forcefully occupied some extra feets of my aunt's land which was sold in 2009.When we were constructing the building our neighborhood who bought it from our aunt's came and marked their land end with a pillar after measuring the land by amin.We left that pillar by 13feets and built our building. We have every permission to construct the building like land conversation paper, permission from local panchayat etc. Now my question is this if the vested land owner doesn't intend to realese the land and my neighbour wants to occupy our space what should we do ? And if it shows some mistake during measurement, like we have constructed in their property unintentionally what could be done ? They haven't put any objection during construction.And what is the ground of a vested land owner ?
Kindly help us !
Asked 7 years ago in Property Law
Religion: Christian

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11 Answers

If neighbours seek to occupy your land file suit and seek stay orders restraining him from carrying on any construction on your land

2) vested land owner has no right ,title ,interest on lsnd

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The neighbour cannot occupy your space further you can file a civil suit and praying before the court maintain the status quo in case you constructed in the vest land with no records in that you can show your possession from years and the person has no clear title to contest. Further the measurement is done by the village authority therefore shall be considered valid unless proved contrary

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file a civil case in the court and get order for measurement of the land to know the boundaries of your land.

Please be aware that any land cannot be without the title if any land is not titled in any persons favour that is government land as per the government records and that land can not be sold by any person if the land in question is not wasted in any other person the registry cannot be made in the registrar office.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hello,

If they raise any objection then you may always take the defense that they do not have the title of the land.

Also, if they occupy your space then the option you are left with is filing of a civil suit in the court of law.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Firslty, as you have stated in your query that you have already built for almost around 5 years ago.

Secondly, on the basis of that you need to know one thing that there is a limitation period for everything to be acted upon.

Thirdly, it is not like that anyone would come after the limitation period has been over and say you have done something wrong, but sorry I come now as I had no idea about your wrongs.

Fourthly, the limitation period in your case would be 3 years from the date of completion of the construction. You need not to worry please.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

It would be better for you to take proper legal guidelines by showing complete files of your cases to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Objections can be filed later after fresh measurements are done

2) it can be raised after expiry of 5 years

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Sir they can raise an objection and can file a suit but since there has been no objection and the land is measured again there objection can be contested, See the neighbour to substantiate its claim can file suit against both though it would be easy to proceed against the other. See in that case you will bone fide in possession as the land was rightly measured and you constructed accordingly in that case there would be less chance for him to succeed against you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Now my question is this if the vested land owner doesn't intend to realese the land and my neighbour wants to occupy our space what should we do ? And if it shows some mistake during measurement, like we have constructed in their property unintentionally what could be done ? They haven't put any objection during construction.And what is the ground of a vested land owner ?

Your neighbor cannot occupy your land just because his neighbor has encroached his land.

You can object and seek mandatory injunction through court of law against this.

Similarly if you have encroached his portion of land, you may either offer him the value of the land occupied by you or you are liable to demolish your building constructed ion the encroached portion.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

After measurement if it shows that some part of building comes under my neighbours land but they didn't put any objection during construction.Is it possible for themselves to put an objection now after having a measurement again.

Yes they can claim their portion of land within twelve years from the date of your construction or to their knowledge.

My question is this how far it will be logical before the court if they raise a question against us that their land actually comes under our building . Is it possible for them to make a ground even after 5 years of construction. Can they get any benefits from the court if it is seen that measurement before the Construction went wrong and we were wrongfully handed over the wrong land.

For all your above questions the answer is that the land occupied by you to the extent that which belongs to the neighbor can be claimed by them within 12 years.

If they convince the court of their title then the court will pass a decree and judgment in their favor.

There is no use in agitating over the issue unnecessarily, instead you look for some amicable solutions to the present problem.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1) Instead of apply in court you better proactively make application in government land records office for demarcation of land. So all three kand can be demarcation will be done at a time and now demolish will happen once you have government records layout plan.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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