• Neighbor encroached my property applied for BPS, municipality regularized, how and where to complain

Hello Sir/Madam,

My neighbor deviated the building plan and built lintels and balcony room in my property around 20 years back approximately in year 2000. He applied for regularization under building penalization scheme and got it regularized. We talked to neighbor several times and failing which I complained via online process (and got it endorsed as well in) to municipality, but no use from municipal authority.

1Q) is time a factor that my neighbor will benefit? because of long duration, will he get my property under adverse possession?

2Q) should I apply for the issued building plan by municipality and ask for documents submitted for regularization process? can I ask using RTI online?

3Q) should I approach the court or municipality?

4Q) should I get the survey done and submit the same for the grievance to municipality

5Q) what is the best approach to start with?

6Q) will I get justice? because my neighbor is jain and quite rich and spends money for illegal activities

7Q) how can municipality or any govt.body give my property right to others, when I'm still paying the property for the encroached portion as well

8Q) Under Indemnity bond my neighbor might have signed the documents of BPS, using that can I destroy the lintels and balcony? 

Please suggest me how to approach and get resolved.
Asked 3 years ago in Property Law
Religion: Hindu

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9 Answers

1. What were you doping all these 20 years, he may claim the title by perfecting the law of adverse possession hence even if you file any suit for declaration or possession of your encroached property, it may not be maintainable at this belated stage.

2. You can get the information through RTI act

3. Read the first answer above.

4. You may try and put your efforts for whatever worth it is.

5. You kept quite about the issue for more than 12 years, hence he get your suit dismissed operating the law of adverse possession.

6. Your side appears to be very weak.

7. It was your duty to protect your interests, how does the municipality come to know about this encroachment when the property owner did not raise the complaint or grievance at the right time when it was encroached by the neighbor.

8. No comments especially without seeing the document what you refer to.

You can consult a local advocate and look for any better solution/relief at this stage

T Kalaiselvan
Advocate, Vellore
87707 Answers
2355 Consultations

Hello,

  1. If you are unable to provide any proof to the court that you had been constantly and relentlessly pursuing the neighbor, your case can be hit by limitation.
  2. You can apply using RTI and obtain the copies.
  3. Once, you obtain the copy of the plan you can decide whether to approach the Municipality or Court. If the plan was approved you must approach the court and make the Municipality  a party.
  4.  The survey can help you as tool against the Municipality in court.
  5. To start with issue a legal notice to the neighbour demanding demolition of the encroaching portions of the structure.
  6. Your getting justice is on the merit of the case and your neighbour being a Jain or rich has no role and money cannot buy justice.
  7. The Municipality has erred in its judgement and need to be acted against..
  8. If you have proof that the neighbour encroached upon, that's all you have to prove.

S J Mathew
Advocate, Mumbai
3599 Answers
175 Consultations

1) you should file suit seek orders to demolish illegal construction done on your property and to set aside order of regularisation 

 

2) you can before filing suit get survey done of extent of encroachment 

 

3) file RTI application as to documents submitted for regularisation 

 

4) you should get justice 

Ajay Sethi
Advocate, Mumbai
97505 Answers
7882 Consultations

You should fight and seek orders to set aside order of regularisation and for demolition of unauthorised construction done on your property 

Ajay Sethi
Advocate, Mumbai
97505 Answers
7882 Consultations

You land is your land, he has no right to encroach on your land.

  1. There cannot be application of adverse possession against the owner. So far as limitation is concerned tile to recover possession of land is 12 years. But you have two options you have to claim that it is only now you discovered that your land is encroached by him. it is quite possible that a man may not notice encroachment by neighbor for a long time as the land encroached is not very big. The other option is claim that negotiations were going on but as the he finally declined you request, hence you approached the Court now. But the first option is best.
  2. There is procedure for obtaining sanctioned building plans from municipal authority under municipality Act. When there is specific  law RTI  cannot be used.
  3. Approaching Municipality is of no use, you have to approach Civil Court.
  4. Municipal Authority will not entertain you as he can bribe them , but he cannot bribe the Court.
  5. Issue him notice stating that you have discovered the encroachment and he should remove it warning of legal action and then file a suit for recovery of possession from him.
  6. Only if you approach Court you will get full justice.
  7. You should have the capability to enforce your rights. If you don’t want to enforce you rights, everyone will violate them.
  8. Only the Court can get the encroached parts demolished, none other will do it.

Ravi Shinde
Advocate, Hyderabad
4419 Answers
42 Consultations

Use the reason that you were abroad and property was rented most to the time that is why you cannot discover the encroachment.

Ravi Shinde
Advocate, Hyderabad
4419 Answers
42 Consultations

The question is not about whether you have rented out of your property or you were  not in the country for half the time.

The question is about the fact that this construction of lintels and balcony in your place was done by your neighbor around 20 years ago, you cannot say that you were not knowing about this earlier, whereas you never took any legal action against the neighbor to remove the constructions done by encroaching your property.

Therefore the neighbor would take the plea of adverse possession because it is more than 12 years of the said construction and you never questioned this within 12 years from the date of knowledge, hence you may not be able to put up a strong fight to retrieve your encroached property, but this will not prevent you from discussing the issue in person with a local advocate and to proceed ahead if recommended 

T Kalaiselvan
Advocate, Vellore
87707 Answers
2355 Consultations

Dear Sir,

 You may approach local civil Court and get assistance of Court commissioner.

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
492 Consultations

You can file a complaint to municipality.

File a civil suit for cancellation of his forged documents

also file a FIR for cheating and Forgery before police

Prashant Nayak
Advocate, Mumbai
32863 Answers
209 Consultations

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