Illegal possession on part of shared property
My neighbor has illegally possessed part of shared property and even though he doesn't has a right to build a house there as the property doesn't even belong to him. It belongs to my grand father's brother and after he passed away his family couldn't divide the house among them and so 2 brothers sold the house without transferring the papers and as the person who bought the house was a member of Nagar palika at our place, he abused his power to build the house without even passing the map by a secretriat from nagar palika. And he has taken over part of shared passage and covered it with a roof over half of passage. Can you please advise if we can go to court with this case and what are the chances of a fair play in court.
Asked 3 years ago in Property Law from Firozpurzhirka, Haryana
You can always go to court if you have a cause of action or you have been deprived of any of your rights. Decide yourself if you want share in the property or want the so called shared message to remain intact. Courts have always fair play though the process is long and democratic in this country.
Advocate, New Delhi
Judiciary is the only institution in the country which gives a level playing field to the complainant and the wrong doer. Fair play is guaranteed before courts. Since your land has been usurped by your neighbour you may file a case for eviction in the court of District Civil Judge.