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Author Topic: Property Boundary Dispute  (Read 260 times)

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Offline Joker-2D-Thief

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Property Boundary Dispute
« on: January 15, 2018, 03:44:40 PM »

Respected Sir/Madam,

I am a Hindu Man living in Kolkata, West Bengal.
My neighbor has constructed an illegal structure with steel rods & tin sheet roof adjacent to our boundary wall without any proper gap.
I want to file a Lawsuit at local court regarding this matter.
However our property is in my grandfather's name who has passed away. My father has five siblings who are Co-owners of this property.

My question is>>> To file my petition at court, do I need NOC (No Objection Certificate) from other Co-owners...? Or can I make this legal proceeding on my own as a Single Co-Owner....?

Please Advise....

Regards & Thanks for your time!

Offline advjaibansal

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Re: Property Boundary Dispute
« Reply #1 on: January 17, 2018, 06:32:51 AM »
Dear Sir,

If you only staying in the property then you can file on your own. Please file a suit for permanent injunction. You don't have to take NOC, just vakalatnama from everyone to file the suit, it can be filed by one person.

Regards, 
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: Property Boundary Dispute
« Reply #2 on: January 18, 2018, 05:20:14 AM »
Dear Sir,
Permanent injunction is a type of injunction which is granted by a court at the end of a lawsuit. A permanent injunction order requires a party to do or refrain from a particular act.

Usually, certain factors are considered by courts when granting permanent injunction, they are:

1. If the legal remedy is inadequate;

2. If property right is at issue;

3. If enforcing the decree would be feasible;

4. If the hardships balance in plaintiff's favor; and

5. If all defenses have been overcome.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
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Re: Property Boundary Dispute
« Reply #2 on: January 18, 2018, 05:20:14 AM »

 

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