• Illegal occupancy of my building

Dear Sir/Madam,
Our property was given to a developer on a joint development agreement.The developer has made some deviations, when i asked him to regularise it as per the agreement he refused and has allowed some occupants to reside in the building.Even in our share of the property he has allowed illegal occupants to reside by taking money from them.The property is still in my name and We have not given permission for electricity and water, but he has somehow got electricity and water.
We have given police complaint saying he has rented out or leased the property without our consent and also he is not letting us inside the building we have also given legal notices for the same.
The developer has political connections and he knows goondas also.

1)What are my options?can i put a cheating case on him?
2)What other cases can i put on him?
3)How long will it take to put an injunction and evict the illegal occupants?
4)what are the options developer has, what cases he can put against us?
Asked 2 years ago in Property Law from Bangalore, Karnataka
In order to give you a cogent advise, it is necessary to look into the Joint Development Agreement which you have signed with the developer. Without looking into the terms and conditions, any advise will be useless.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations
3.8 on 5.0
You can issue a legal notice for eviction and file a suit for eviction and trespass and lodge a police complaint for the same. You can file a suit for cheating fraud and file a case for criminal breach of trust cheating etc
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Dear Client,
You are advised to issue legal notice to your Builder and also to the Municipal Corporation. The occupancy certificate is mandatory for apartments. The mortgaged flats can not be released without occupancy certificate. The builders what they do, they sell the property to needy and vansih from the site. The land lords will face all the trouble and penal action including compoundable fine of the property. File a WRIT petition before High Court against the builders and the Municipal Corporation to pull down the deviations and issue occupancy certificate.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
You issue a legal notice and file a suit for eviction and illegal possession. Lodge a police case too
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1.What are the terms of the development Agreement is required to be seen,

2. If the builder has occupied the flat without authority, you should immediately file a police complaint alleging trespass in to your place,

3. Also file a declaratory suit praying for declaration that you are the title holder of the property and alongwith that file an application umner Order 39 Rule 1 & 2 praying for an order restrainintg the builder to enter in to your property.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1)it is necessary to peruse the joint development agreement entered into by you with builder to advice . 

2)you have not mentioned the nature of deviations by the builder . you can complain to municipal corporation if builder has failed to construct as per sanctioned plans 

3)please note that unless occupation certificate is issued by municipal corporation builder cannot permit flat owners to occupy flat premises .

4) there must be provision in joint development agreement regarding breach of contract by builder and remedies available to you 

5)what is nature of legal notices issued by you . 

6) since you have contacted a lawyer and he has issued legal notice proceed with legal proceedings against the builder
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
Hi, as per the terms of the joint development agreement you have to file suit  for deceleration and possession of the property  and you have also issue notice for unauthorized occupant to vacate the premises and same time also lodge complaint to BBMP as the builder has violated the sanction plan.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
You are advised hereby that, it is not apartment according to you, but the builders have sold units to third parties and also delivered the physical possession. As soon as a unit or a part is sold to third parties the building shall be dealt with apartment act. As advised before issue legal notice for occupancy certiificate, if not provided file WRIT petition before High court against builders and also Municipal Corporation.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
A. JDA terms and conditions are very crucial to determine the actual issue and remedy. 

B. Is there any sharing agreement between the same towards the consideration for the development of the property. Whether the builder allowed the occupant with respect to their proportionate share or your proportionate share? you can check Sharing Agreement with respect to the same.

C. In case if he trespassed to your proportionate share you can lodge the criminal complaint and file eviction suit with respect to the same. Injuction and eviciton case will take minimum 2 years subject to workload of the court. You can inform to BBMP with respect to deviation commited by the builder.

D. The nature of legal notice to be clarified for our perusal and you can approach the court for recovery of possession by filing declaration of right and lodge the criminal case under tresspass as well cheating, promissory estoppel.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
You should serve legal notice on unauthorized occupants to vacate the premises legally owned by you as well as a notice to the developer for adherence with the contract made earlier and if adverse respond lodge an FIR of illegal occupancy and cheating
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers
0 Consultations
3.3 on 5.0
1. yes, u can file cheating case against developer in magistrate court.

2. u can file suit for possession in civil court against developer to get possession of said property.

3. about 2 years but injunction order can be obtained in a week time after filing of suit.

4.developer options depends on terms of agreement.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. Without perusing the joint development agreement it is practically impossible to cull out the nature and extent of the legal remedy/remedies available to you.

2. What is the nature of deviation from the agreement made by the builder?

3. If the builder has unauthorizedly allowed some one to reside in your property then immediately move to court and file a case for their eviction. Police complaint will not suffice. Furthermore, a case for trespass can also be filed directly in the court against the developer and occupants of the property.

4. It does not take long to file a case for injunction. If you engage a lawyer today then you can file the case tomorrow, albeit the time within which the court would pass an order cannot be predicted. If urgency is shown then the proceedings will be fast tracked by the court whereupon the order may be passed within a week.

5. Developer is on the wrong side of law, so legally speaking he cannot file any case against you. However, filing of a false case of assault, etc by him cannot be ruled out. Since he has a political clout the police may be managed by him to arrest you as soon as he files the case. If you apprehend this then move to High Court in advance for necessary protection. No influence will work on a court of law.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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