• Making Building for commercial purpose by breaking the wall in the property which has a civil suit

I am Hindu. I have purchased a land along with my step-daughter about 30 years back from the same seller. Total area of the land is 50 cents and we hold 25 cents each. The land is clearly demarcated by the government survey records and boundary is marked by stone. Besides each land has two separate sale deeds. She built a house in her property in 1992 and made common compound wall (on the entire 50 cents) and since we were in good terms, I allowed her and her family to walk through my property. The entrance to the entire properties is from my area though she can break the compound wall in the side of her property since there is a state highway passing in western side of entire properties. While constructing the house, she purposefully built some portion of her home towards my area, but since we were in good terms we never complained. The house is registered in both myself and my step daughter.
She has refused to give me land documents when I asked hence, I have given this property to my son via settlement deed using certified copies of sale deeds in my name (Since the original documents are with her, I gave a newspaper ad stating that I have lost the originals and will use the certified copies of the same for making sale/taking loan/or writing deed), Now the registered owner of the property is my son. After knowing this she filed a case against me and my son stating that we tried to demolish portion of her house situated in the part of our land. I have replied for her IA stating that I and my son do not have intention to demolish the building. Also filed an IA to provide stop making them to any extension of their home to my land area, and committing wastage therein. Currently there is an interim order for both IAs, that I and my son cannot demolish her house and they cannot extend their building to my area and commit waste till the disposal of the suit. My queries are
1.can my son request the municipality to transfer my portion of ownership to his name ?
2.The interim order stated that it is only a permissive possession that I have given my step daughter for living in that land, hence can my son claim a monthly rent from her for using our land and can he ask for the arrears of land rent for the last 30 years. Do you think that the court will accept the same?
3.My son would like to make a building there in his portion of land. Since there is only one compound wall in the entire land and only one entrance from the road which is in our area of the land (though they can make a way by breaking the wall in their side for ingress and egress purpose) they always lock the gate and release their dogs which makes it difficult to enter the place. Hence, he would like to break the wall in his portion of the road side. Is it a problem even if a case is active? Does that reflect in the PCC of my son if they file a fault criminal case against him since he is migrating abroad? Or can he give POA to another person and can he break the wall and do constrcution
Asked 10 months ago in Civil Law

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10 Answers

Mutation can be done of your portion in son name if there is no stay order restraining in such transfer

 

2) you cannot seek arrears of land rent for last 30 years 

 

3) your son should obtain court orders for carrying on construction n his portion of land if court has directed maintenance of status quo 

 

4) if any criminal case is filed against your son no PCC would be issued 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

1. Yes, he can very well proceed because there is no restrictions to do so.

2. The arrears of rent can be claimed only for the three years in the past, however he can issue a legal notice demanding monthly rental amount from her for possessing and using your land.

3. Since the court has restricted any demolition, this intended act may be considered as contempt of court order, hence do not indulge in such activities till the disposal of the suit

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

Dear Client,

There are no restrictions for him to proceed with his actions. He can claim the arrears of rent for the past three years and also issue a legal notice demanding the monthly rental amount from the person occupying and using his land. However, it's important to note that the court has imposed restrictions on any demolition activities, and engaging in such actions could be considered contempt of the court order. Therefore, it is advisable to refrain from undertaking any such activities until the lawsuit is resolved.

 

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

If FIR is registered then it may affect pcc

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0


  1. Transfer of Ownership to Your Son's Name: If the property is currently in your name, your son can request the municipality to transfer your portion of ownership to his name.

  2. Claiming Rent from Stepdaughter: If the court has indicated that the possession granted to your stepdaughter is permissive (meaning she is occupying the land with your permission), your son may have a legal right to claim rent for the use of the land. However, this will depend on various factors, including the terms of the court's interim order and any past agreements or understandings between you and your stepdaughter. Whether the court will accept a claim for rent for the last 30 years would depend on the evidence and arguments presented in court.

  3. Breaking the Wall and Construction: Given the active case and the interim order, any actions your son takes on the property should be done with careful consideration of the legal implications. Breaking the wall and constructing on his portion of the land while a case is ongoing could be seen as a violation of the interim order or potentially interfere with the ongoing dispute. It's essential to follow the court's directions before proceeding with any construction.

  4. Power of Attorney (POA): If your son cannot be physically present to handle matters related to the property, he can consider granting a Power of Attorney to a trusted individual.

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

.

Dear Sir,

As per your query,  the land is clearly demarcated by the government survey records and boundary is marked by stone. Besides each land has two separate sale deeds.

Further, as per your statement it reveals that the property in question is a self acquired property then what you mean by you have made a settlement agreement with respect to your property for your son.  What made you to make a settlement deed and that too among whom you made the settlement deed?  Once it is a self acquired property and title deed is in your name, then it is your prerogative that to whom you want to give said property?

Anyway, now you say that your son is the registered owner of the land which was in your name then who stops you to do the mutation in his name?  Get the mutation done and ask him to apply to conduct survey of his registered property and get demarcate your total 25 cents for which he is paying the land tax so that the encroached area by your step daughter may be recovered by some other portion of her. Visit Tahsildar’s office and ask for an application form (it must be form No.10 ) and submit it to the respective office along with the documents required. After receiving your application, a Tehsildar will check it for further approval and all the properties around your property will be measured and demarcated for you.  In that case definitely the property of your step daughter will be more  and further the wall will have to demolished. Amicable settlement will be the efficacious remedy for both of you otherwise it will lead to prolonged civil suit.  It applicable to her also.  So proceed with your remedies so that she is compeled her for settlement.

 

Now the question is about the approaching way? Whether the way is mentioned in the titled deed for both the properties?

As per your query you are currently not staying there. If there is a gate at the entrance of your property then offload two lorry cow dung inside the compound and infront of the gate by JCB on Sunday for the time being.  Do it swiftly. who stops you.  While doing this your son should not be in the city. Do it yourself. It is your property. Rainy season is best for it. You can also adopt the same measures which she adopts. You also keep a voracious dog to avoid tress pass by anyone in your property?  For time being Don’t tell anywhere that your step daughter was using the way over a period of 30 years. 

Since it is a civil matter police has no role in this case.

For nuisance by the dogs of your step daughter file a criminal complaint u/s 425 and 289 IPC.

Install CCTV at your premises as there exist every chance that she may file false criminal case against you and your son.

Further you said that the house is registered in your name and in your step daughter name? What does it mean?  Ask for your share by selling it hence it cannot be divided in metes and bounds.  Your query needs more clarification then only can answer it properly. Thank you.

Ajeesh Kalathil Gopi
Advocate, New Delhi
10 Answers

Not rated

Senior citizen can seek expedited hearing of suit 

 

2) mere filing of case does not mean court would pass orders in your favour 

 

3) daughter cannot get ownership rights of the share gifted to your son 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

4. No such remedy is available. 

You can request the munsif court directly for an expeditious trial citing that you are a senior citizen and expect a faster disposal. 

5. It depends on the basis of her merits to decide about the case. 

6. The court order is clear that no construction or demolition can be done by either side till the disposal of the case. 

7. The course of legal process is common for all. 

8. You can challenge her claim properly in the trial proceedings. 

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

You can go to higher court seeking speedy trial if you are senior citizen it may help you more

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

Dear Client,

  1. Unfortunately, there is no specific remedy available for this situation. However, you can directly request the munsif court for a speedy trial, emphasizing that you are a senior citizen and hoping for a quicker resolution.

  2. The decision on the case will be based on the merits presented by both parties.

  3. According to the court order, neither party is allowed to undertake any construction or demolition until the case is fully resolved.

  4. The legal process applies uniformly to all individuals.

  5. During the trial proceedings, you have the opportunity to properly contest her claim.

 

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

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