We purchased a house couple of years back, while measuring the house dimension we get to know house is extending to neighbourers site. Since both openers are same, we got both properties rectified. But owner solds the site at old dimension, which exchanged 2 hands. One person done illegal construction there attaching to our property. He is threatening us to demolish few SQFT of our property which he says belongs to his site. BBMP records shows he still paying tax for site where as illegal 5 floor building exists.please help what to do...how to get injunction from court such that he doesn't damage our property
Asked 3 years ago in Civil Law from Bangalore, Karnataka
To get injunction from the court against your neighbour you are required to file a case for injunction. It will be illegal on the part of your neighbour to demolish the property unless he is armed with a court order in this regard. Engage a lawyer and get going.
Thanks for your responce sir. What is the process for filing injunction and what are documents required...
Asked 3 years ago
The process begins by engaging a lawyer. The document required is your sale deed.
1) if illegal construction has been carried on in your property you have to complain to muncipal corporation and sek demolition of unauthorised construction
2) if no action taken file RTI spplication as to what action has been taken on your complaint
3) lastly file writ petition in HC to direct muncipal corporation to demolish unauthorised construction on your property
Thanks for responce sir, issue was, we had our house built long back, he has bought site and built 1 year ago. He was cheated by his seller saying that's 1200sqft, but that was just 950sqft. He feels our house taken his site portion. he himself also not owner, some congress worker grabbed site and built house by raising 5 floors in 950sqft. What is the best way out sir?
Asked 3 years ago
1. File a declaratory suit praying for declaration that the area claimed by him is owned by you,
2. Simultaneously file an application under Order 39 Rule 1 & 2 praying for a stay order directing your neighbour to maintain status quo till the declaratory suit is disposed f.
1. You can not file a stand alone application for injunction,
2. You shall have to file a suit first to be followed by the said injunction/stay petition as advised in my earlier post.
1. First get a surveyor to measure your land and submit his report to be placed by you as evidence before the Court while filing the declaratory suit as advised in my earlier post,
2. After being equipped with the evidence that you have not grabbed his land, you are to file the declaratory suit and stay petition as advised in my earlier post.
1) since his construction is illegal complain to muncipal corporation
2) if owner of adjoining plot cheated his cause of action is against the seller
3) in your complaint to muncipal corporayou must rely upon rectification report which reflects dimensions of your property
Hi, he can't demolish your property according his wills and fancy better you have to approach civil court and get an injunction order not to interfer with peaceful possession and enjoyment of the property.
2. Documents required are sale deeds tax paid receipts, Katha and other documents required.
1. You have to decide as to who you are going to assert your rights against. If your apprehension is that a portion of your property may be occupied or demolished by your neighbour then the preemptive legal recourse is to seek injunction from the court.
2. In so far as your neighbour is concerned he can file a criminal case for cheating against his seller.
As suggested by your lawyers, you have a relief in mandatory injunction suit alone, by which you can seek the court's intervention restraining the defendant from further encroaching your portion as well as to evict the portion of your land illegally occupied by the defendant after ascertaining the extent of illegal occupation with the help of an advocate commissioner. You consult a good lawyer and proceed with the suit proposed to file against the defendant.