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  • Category: Miscellaneous

    A genuine problem faced by me - Let us discuss to find a solution.

    @ Editors, Please don't shift this thread to Ask expert. This thread may need counter responses to clarify points.

    Dear Fellow Members,
    This is a genuine problem face by me. In the year 2010, I have bought two plots (No. 18 and 27) each plot measuring 4 cents. The adjacent plot no. 26 lies west of my plot. The government has announced free housing for the people below poverty line and granted Rs. 3 L for construction of houses (As per govt specification) provided they have their own land.

    The owner of plot number 26 was considered for free housing, and was granted. She started her construction of her house in my plot number 27 which is adjacent to her plot no. 26 by mistake. Since I did not visit the site for a long time, I did not notice this construction. Yesterday, I just visited the area to find my plot. Surprisingly, I could find a house erected on my plot number 27.

    The owner of plot number 26 expired in the month of February while the construction work was going on, and now the construction is managed by her family members. Still the house construction is not complete. Only 75 percent construction work has been done.

    I approached the family of the owner of plot number 26 and explained that they have constructed their house in a wrong plot. They are helpless. A solution has to be found to this issue. I do not want to lose my land, and I do not want the other party to suffer without a house. Also, I cannot sell my plot to them as the owner is not alive, and they cannot sell their plot to me as per government instruction.

    Members,
    Please come up with your solutions to solve this problem amicably without going to the court or police or the project authority.

    I have attached a sketch for easy understanding of the problem.
    plot
  • #596692
    Mr Sun, I must say that you are in a thick soup. The problem cannot be solved without the intervention of the authorities concerned. It is really confusing as to how the actual beneficiary of the scheme could get an approval for constructing her house in a wrong plot. Let us leave that aside as we are in a different situation now. What can be done, in the present scenario, is to approach the authorities by filing an application, along with the legal heirs of the beneficiary, requesting them to allow you to interchange the plots. It may not be an easy procedure but that appears to be a tenable solution. My suggestion is under the presumption that there is no dispute, otherwise, between you and the legal heirs. Another option, and apparently a more feasible one, since the construction is halfway, is to pay them for the construction that has been carried out in your plot and allow them to build a house in their own plot. But in that case you will have to take care of the building permit and other sanctions that might have been granted to the beneficiary against your plot. In both the cases, the authorities concerned need to be approached and taken into confidence so that the documents are legally vetted.
    Knowledge is knowing tomato is a fruit; Wisdom is not putting it in fruit salad - Miles Kington.

  • #596695
    Mr. Saji,
    The approval for construction of house is given against plot number 26 only. The document produced mentions it as plot number 26 only. The authorities did not bother to physically verify the exact location of plot number 26. It is a mistake on the part of the owner who has misunderstood plot number 27 as plot number 26. Interchanging is not possible, and I won't agree to it as I need my plots 18&27 adjacent to each other to enable construction of a large house for me.

    Now what to do to save my land and save the owner of plot number 26?

    No life without Sun ¤

  • #596698
    What I could understand that the owner of plot no 26 has trespassed to your plot and started constructing house without even verifying the credentials and fact that she is constructing on her plot or some others plot. Ask her to prove as to how she has done wrong thing. Now that the construction has taken place, you ask her to demolish the house and hand over open plot. Surely this case would go to the MRO office and they have to sort it out. But you are in advantage position. As you may win the case with a house on that. But if you feel you do not want to bother them, then compensate for the house constructed with cost.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #596701
    Mr Mohan, did you miss out the line 'The owner of plot number 26 expired in the month of February while the construction work was going on..' in Sun's thread? I think so.
    Sun, what about the second option I provided? I think that is the only way out.

    Knowledge is knowing tomato is a fruit; Wisdom is not putting it in fruit salad - Miles Kington.

  • #596703
    There are many processes that need to be followed before construction on a site can begin. It involves getting all the approvals and sanctions. It is clear that a number of agencies failed in carrying out their duty. Usually, a surveyor identifies, measures and marks the plot. Was this done? Did he check whether the land he identified has a clear title? What about the 'patta' which is mandatory in Tamil Nadu. What about the incumbent certificate? Too many things appear to have gone wrong for an error of this magnitude to occur.

    To me this construction is illegal. There is no legal recourse. Since you do not want to lose your land, and you are right in your stand the only other alternative is to compensate the family and ask them to begin construction, on their land. I suggest this because you say they can ill afford expenses of a new construction. The other solution is to serve them a legal notice since this is a case of land grabbing.

    The legal heirs can hold no claim on the house as it is constructed on what is now disputed property. The land did not belong to the deceased.

    My opinion is, of course, that of a layperson. It is best to consult a lawyer and get a legal opinion on this. Though you are apprehensive about taking legal action I think that is the only way out. The court might find fault with the government authorities and ask the family to be compensated.

    The LORD is my shepherd, I shall not want - Psalm 23:1

  • #596738
    One easy option is ask the legal heirs of the died person to tell you the exact expenditure incurred by them so far. If you feel it is Ok you pay them the money or bargain and decide on a cost. They can make their own arrangements to construct their house as they like in plot 26. I hope the owner of Plot No: 26 as taken permission for 26 only but started constructing in 27.

    You consult any civil engineer and ask him to make a plan with minimum changes in the existing construction. If you like the plan of the house you can go ahead with that plan. Get the approval and start construction. This will be easy solution without any legal complications. You may have to spend a little more money and you can ask for
    compensation from the present legal heir of 26 plot.

    If you want to fight it out, you have to file a case and it takes hell lot of a time for you to complete the case. My brother in law purchased a land in Hyderabad. When it is purchased the seller has given the marking wrongly. My brother in law don't know, constructed the house. A part of the land belongs to another owner. It was not known. My brother in law's piece was left out and a part of other land was used for house. After completing the construction the other owner raised the objection. As far as we are concerned our papers and construction is tallying. No problem. Even then we agreed to pay the money. But he wanted land only. Moved in the court by him. The case is pending from last 8 years. My brother in law completed the house construction, paying the municipal tax and staying in the same house for the last 8 years. Still case not finalised.

    drrao
    always confident


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