File a suit in court for declaration of the construction on the common land as illegal and for demolishion of the said construction and for injunction restraining any further construction on the common land.
Inherited property from my mother
Sir I belong to Krishnagiri, Tamil Nadu. My parents purchased land & consturcted a building during 1960. My parents' document had shown that 17 feet Common Road on easter side of the land. Considering the 17 feet road, the building was constructed facing road. Another miscreant had purchased the 17 feet road during 1989 and constructed the house by leaving a approach land of 2 & half feet to access the road. But now the miscreat is blocking the entire land by saying that it is my land, Kindly help me how to proceed legally and the remedy.
Asked 4 years ago in Property Law
Religion: Hindu
23 Answers
In the muncipal corporation records is it shown as road of 17 feet
if so complain to muncipal corporation against illegal construction done on road and to demolish the unauthorised construction
3) if no action is taken file writ in HC against in action of muncipal corporation and fir demolition of unauthorised construction
Let him file the suit you don't leave possession. He needs to prove the same in court that the same belongs to him. It's not easy in court.
The land records should be procured from the municipal office and a civil suit must be filed so that the court may demolish his building if he is found encroaching upon the public lands.
Regards
1. File Civil Suit, under the Easement Act, for right of passage and directions to the neighbor miscreant to refrain from doing anything illegal.
2. Do the above thru a local Property /Civil lawyer, supported by all relevant documentary evidences & pictures.
See if in the record the land is shown as the way then you can file a suit for claiming right and access over way and removing illegal construction and possession on the way.
You can file case against him for encroaching your land way road to home under easement act. And you have the 100% rights on it.
Hi
By furnishing your document lodge complaint with the Municipal Corporation about the encroachment made by the Miscreant.
Demand the Department to take action against the miscreant, to demolish the illegal construction and restore the road.
If the Department fails to respond, you can file writ petition in High Court against the department and pray for demolishing of illegal construction and restoration of road.
- If, property document of your parents shows the 17feet common road , then you have right to take legal action against that miscreant.
- Since, your parents had purchased that land in 1960 , earlier than 1989 , it means his documents are showing origional face of the land.
- On the ground of that document , you should lodge your complaint in writting befor the municipal corporation for demolishing the same and to clear the 17 feet road.
- If no response from the authority , then you should approach the Court for filing a Civil Suit, under the Easement Act, .
-Court will itself directed to call the government authority with the record and for clearing the said land.
Good luck and dont forget to rating Positively.
Kindly provide or guide me how to get the justice and remedy for such huge loss of 17 feet road advantages. Is there any way of claiming compensation or demolition of building and staircase obstructing the 17 feet road or approach lane to road. R.K. Guru
Asked 4 years ago
See you have to contest before court ,also can file a complaint municipal authority that the said person has illegal grabbed the land of raod and made a construction over it.
Already advised you to file suit for demolition of the construction.
Court can order for demolition of such illegal construction.
Act as advised herein above
You can lodge complaint with Municipal Corporation to demolish the illegal construction and restore the road.
If the department fails to honour your representation, then file Writ Petition before High Court.
Dear Sir,
File a injunction suit against that person restraining him to block the road in civil court and get injunction order.
You need to file civil suit and pray for compensation and costs.
If the land is approved and the 17 feet road reflects in the layout it cannot be encroached.
Your parents have to file a suit at the district court praying for declaration of your parents' title based on the sale deed and also for eviction of the trespasser from your legally-owned property.
Yes, there is a way to your plot , first need to check or review your and all sice plot layout and than can decide in which directions you should go.
First of all you should get the town planning map of your area from local authorities through RTI.
If there is 17 feet road in the map then you can file suit for removing the encroachment by your neighbour.
If there is no road in town planning map then you can file the suit under easement act for necessity of passage if you dont have any other access to the nearest road from your building.
Dear Sir,
You may collect more public documents about the formation and laying of 17 feet road then approach civil court seeking removal of encroachment created by your neighbour
If in your title document there is a mention about this access pathway and the same had been used by you as pathway all these days then you just dont worry about it.
If he is blocking the way then you may file a mandatory injunction suit against him retraining him from blocking the pathway or depriving your rights for ingress and egress or easement rights.
Consult a local advocate and proceed.
If he has encroached your land and constructed the structure on your land then you may lodge a land grabbing complaint agaisnt him or if he has blocked your pathway then you may approach civil court with a suit for mandatory injunction seeking reliefs as suggested in my previous post.
Yes there is compensation to be paid to you for it. Cases must be filed.