My industrial land given to bank as collateral for a business loan which turned out NPA account. Recently I was in hospital for medical reasons from March till May during this time my brother made a deal with the buyer for land and allowed him construction at my land and the bank also refused sale for lower value. Now when I am back I find someone occupied my land with constructed building using without bank permission or sale deed or any paper work or any agreement with me. During my hospitalisation they have deposited only RS 2 lacs without my knowledge to my account. I believe they had some understanding with my brother. There is no any written or verbal or any communication between me and the illegal tenant Kindly advise legal approach and procedures.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
1. it is not clear who is the actual owner of the plot. If you alone are its owner then no on else than you can sell this property.
2. Even of your brother has co ownership in the property then also without the consent of the bank this transfer is irregular.
3. in any event you can file a suit for eviction of this person from your land and for recovery of it.
4. Immediately return the money from where ti was sent.
5. if you do not now the sender then lodge complaint with Police about fraud and forgery.
1) contact a local lawyer and issue trespasser legal notice to demolish unauthorised construction done on your land
2) if he refuses file suit to demolish unauthorised construction done on your land
3) refund Rs 2 lakhs deposited in your account
The land has been hypothecated to the bank and hence you dint have any right to construct anything on it.
Your brother has played fraud upon you by doing this and the bank will sue you in case it decide to take action.
Remove the person who has done construction on it and inform the bank about it.
Regards
You can immediately file a suit and take stay for the construction.
you have to file a civil suit for eviction of the trespasser as the property cannot be sold out without an agreement or by a sale deed.
You need to mention in your so that animal talk Rupees 200000 has been deposited in your account without your knowledge and you are ready to pay back the amount so deposited but in the suit you have to claim the compensation and legal charges from the trespasser
You may not have to worry about this property since you have already given this collateral security to the bank for loan purpose and the loan has become NPA.
The bank will take action to take possession of the property at a later stage when they are trying to recover the loan amount.
If you are concerned about the proeprty then you may lodge a criminal complaint against your brother and the person who has constructed a structure in the property.
Besides, you can file a mandatory injunction suit to remove or demolish the structure put up in yor property without your permission or consent and for possession of vacant land.
You have evidences that you were hospitalized during that period which will be sufficient to prove your innocence about this illegal occupancy of the intruder in the property.
Are you the sole owner of the property?
In order to recover your land after removal of encroachment you will have to file a law suit for possession in the civil court. Your remedy lies only before a court of law. In addition to a case for possession.File a criminal complaint for trespass against them.
File FIR, clear case of cheating and criminal trespass. Without your permission and involvement, any deal by third person is illegal .
What about the advance amount deposited in my account should I refund or claim as compensation ? By the way the activities carried in my land doesn't have factory license or registration seems illegal
If they claim the advance amount yo may return the same, until then let it remain in yor account itself, dont spend it.
Let them come to a conclusion about it and you can wait until then.
Refund the money deposited in your account
seek demolition of unauthorised construction done on your land
No need to refund deposited amount.
Buyer deposited without your knowledge.
You should file criminal complaint for trepass.
I have already replied your query.
You can claim it as compensation. And wait for direction of the court
You should immediately refund the amount. Keeping it with you is going to cause legal trouble later.
Dear Client
you can approach the tenant first to vacate your land and also give them a written Notice to Vacate the land in 10 days. Also return the money deposited in your bank account without your Knowledge through Cheque or online transfer and hand over the copy of receipt to tenant. As they Don't have the permission or any agreement from you. and bank also refused the deal. you can easily get your land back.
if this doesn't work you can approach police for eviction of illegal possession by trespass on your land.
or eviction petition in the court is last way through which you can get your land back.
Dear Sir,
You have to immediately get issue a legal notice to all the concerned followed by a civil suit for recovery of possession and demolition of structures. You must alleged that bankers colluded with third party and causing loss to you. Since your property is hypothecated the bankers are under fiduciary duty to make periodical physical verification of the property and see that no construction is raised on such hypothecated property.
the amount should be deposited with the court and a case for eviction from the property and a criminal complaint also should be filed.
Regards