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Author Topic: Allegation of encroachment by our neighbours  (Read 814 times)

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Offline Raj65

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Allegation of encroachment by our neighbours
« on: September 08, 2015, 02:33:25 PM »
Dear All,
I would like to seek your expert opinion and effective measures and advice to make our case stronger.
My parents bought a plot of land from our Neighbour 25 years back and got it registered.Thereafter he sold some more land and got the deal done with affidavit signed by the authorized office.So we made our house in that piece of land and everything is boundaried and in our possession since then.But,He did not got this extra land registered due to close friendship at that time.

Now,His son (40 years old) has alleged that,this extra piece of  land bought separately second time with affidavit  has been encroached by my parents.we have shops build in that part with commercial electric meter since 10-12 years and also 1 tenant since 8 years.The case is in the initial stage and we have this affidavit signed by the seller (his father).There was no objection earlier by anyone,while the structure was being built.

What all things should be produced while our hearing,so that the case is stronger from the initial phase itself.It would be nice to know your suggestions and advice.

Offline advkartik

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Re: Allegation of encroachment by our neighbours
« Reply #1 on: September 08, 2015, 06:48:20 PM »
Law does not support those who sleep and slumber.
 you stated that due to close friendship you did not register the plot, did the close friend give the plot free of cost to your father due to close friendship?

Obviously no, that means this excuse in court will hold no ground.

The land belongs to that person in whose name the plot is.

So you have a very weak case.

Refer the matter to mediation and solve it amicably else you will waste your time contesting it.

Offline Raj65

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Re: Allegation of encroachment by our neighbours
« Reply #2 on: September 08, 2015, 11:09:04 PM »
Dear Kartik,

We have affidavit and signed deal from them for this extra land and of course we had paid for that.
Is it a valid document to be produced ?

Thanks.

Offline adv.amarnath

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Re: Allegation of encroachment by our neighbours
« Reply #3 on: September 09, 2015, 06:02:14 AM »
No affidavit will not defence your case. If you rely on that affidavit then court will say that you have intentionally tried to cheat Govt. by not giving proper revenue (Stamp Duty and registration fee) and purchased a land on mere affidavit.

But there is only one hope that is law of adverse possession.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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