DO NOT JUMP INTO LEGAL JUNGLE, WITHOUT THOROUGH AND DILIGENT ENQUIRY, COLLECT ALL THE NECESSARY DOCUMENTS AND EVIDENCE AND THEN INITIATE APPROPRIATE LEGAL ACTION AGAINST THE SELLERS-WHO HAS SOLD THE PROPERTY TO YOU.
MANY, WITH HALF KNOWLEDGE PROMISES THE AFFECTED PROPERTY OWNERS THAT THEY CAN RECOVER THE LAND LOST. DO NOT BELIEVE AND LOOSE YOUR MONEY AGAIN.
THE PROPERTY TITLES, APPROVALS (DC CONVERSION-BUILDING PLAN-KATHA) MUST ALSO SPEAK ABOUT SUCH IRREGULARITY TO WIN AND RECOVER THE AMOUNT.
TAKE CARE. DO NOT be FOOLED AGAIN. THE TEMPORARY STAY ORDERS MAY NOT BE HELPFUL IN MANY CASES, BUT NO DOUBT, IT IS A MUST. A PROLONGED LEGAL BATTLE IS ALWAYS ENSUED IN ALL THESE CASES.
One response to “LOSS OF PROPERTY/HOUSE-DUE TO ENCROACHMENT AND VIOLATION – Examine and initiate appropriate legal proceedings immediately”
Random (to share a few sporadic thoughts):
The write-up, as viewed, considers, also suggests, remedy (ies) available to an aggrieved in the event of loss of property/ land and or building, due to , apart from other reasons, primarily due to technical/venial breach of governing local authority’s rules and regulations. Such loss, in effect, not only entails being deprived of his rights to a property, which has been in his possession and enjoyment, but also results in a great hardship in being thrown out forcibly or otherwise- say, under a court’s order. Lately, many such instances have come to be given sensational publicity in the media. Those cover instances in which the possession and enjoyment has been in terms of otherwise legally valid documentation, with no let or hindrance from anyone, for long, including from the local authority till then. More often than not, the grounds of objection put forth by the aggrieved, not individually but collectively as in a building complex (Flats or Apartments) are that, – the local authority has failed to act on a timely basis, acted hand in glove with the promoter/seller and thus been a silent partner in the misadventure perpetrated, perpetuated and indulged in, the holder has been paying and the authority has been accepting without a murmur property tax dues, so on.
The point that calls for an in-depth consideration is, whether or not, apart from purely a legalistic angle, the aggrieved will be entitled to object to the authority’s adversarial action/ delayed proactive steps, also on legalistic grounds by invoking principles of natural justice. To put it differently, it is the age-old doctrine/principle of jurisprudence/common law remedy – cryptically known as “adverse possession” that may perhaps be open to be invoked.
This is an angle worth a fresh look / application of mind by advising law pundits. For such a purpose, some of the reported courts’ (inclusive of the SC’s) judgments may be found to provide leading clues. One such instance is the apex court’s judgment (its ratio / albeit in a different context – taxation of income from property).
For an analytical study of that judgment, look up HERE >
LAW and (‘vs’?) CASE LAW On “FLATS” – A … – TaxGuru
KEY NOTE:
Property Law experts Invited to “EDIT”; also to openly share own viewpoints, for the common good.