• Harassment by builder

My father with four others purchase land in dombivli. land having common 7/12. but as per purchase did plot divided in two part A & B. A-247.55 SQ meter purchased by my father. and B-501 sq meter purchase by 4 others. as per tlr copy there is plot divide line is there on tlr map. 
now plot B given to builder by 4 owners for redevelopement.and they are on road side. area A is not given for redevelopement.
during regustried contract builder assure me that he build society with keeping marginable distance from my 2-story building. but now after passing plan shown that he is not keeping marginable distance from my building.
* builder removed plot divide line from plan as shown in tlr map.
* on regustered contract he shown 10 feet acces for me by coloured diagram (open to sky) but 10 feet acces not shown in plan copy.
i filed case in kalyan court but he take cavet against that case. so i search all documents and i found surrounding area of my building is showing common acces of all 5 owners tho that area purchase by my father as per purchase did. please help/guide me to take proper action against builder
Asked 3 years ago in Property Law from Dombivli, Maharashtra
Religion: Hindu
1)check sanctioned plans by muncipal corporation 

2) file RTI application and obtain sanctioned plans . consult a local architect 

3) if builder is carrying on construction on the plot purchased from 4 owners contrary to sanctioned plans and not keeping marginable distance as per development control regulations then move court and seek injunction restraining builder from carrying on further construction . 

4) merely because caveat is filed by builder does not mean no stay would be granted . only that court will grant stay only after hearing both parties .

5) plot purchased by your father by regd sale deed belongs exclusively to your father and it cannot form part of common access
Ajay Sethi
Advocate, Mumbai
46940 Answers
2776 Consultations

5.0 on 5.0

What is the suit you have filed and against whom?  
They have filed a caveat petition which means no order against them to be passed without their knowledge or without being served with summons. 
In your case it appears that the other parties have managed to have a common access to their properties, however if your document shows that the so mentioned common access area belongs to you, you can very well file a mandatory injunction suit restraining them from having access in that portion of the property that belongs to you or to eject them if they have already encroached your property.
T Kalaiselvan
Advocate, Vellore
37121 Answers
403 Consultations

5.0 on 5.0

1. The builder acted smart by filing a caveat against you. 

2. The proper course of action is to  prosecute your case for injunction in the court on merits. Now that caveat has been filed the court will hear the builder before passing an order.
Ashish Davessar
Advocate, Jaipur
23180 Answers
641 Consultations

5.0 on 5.0

Hi sir/madam, you have to apply those documents which are required relevant to the case from the concerned authorities by filing an application. You have to challenge the same before the court for cancellation of said sanctioned plan which was not shown access 10feet. 
C. V. Jadhav
Advocate, Bangalore
508 Answers
15 Consultations

4.7 on 5.0

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