- This topic has 14 replies, 3 voices, and was last updated 1 year, 3 months ago by
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RHello,
My parents own a small house in Andhra. They constructed this 20 years ago. Now the adjacent plot owners children suddenly came up and claiming that our house had encroached by a foot or two. We are not in home town now and they are forcing to come immediately. Parents are planning to go this weekend but wanted some guidance on options. My father had got this constructed by a contractor. No one is in touch now.My parents are old and mum is on a wheel chair almost. I myself have a spinal displacement issue and currently on bed.
They are already using pressure tactics of bringing in their close brothers or someone from police! What are our options and how to resolve this? Completely new to such issues and no influence whatsoever! No one in our home town to support as well as it’s been few years since we went there post major health issues for my mother.
I was checking few options:
1. Ask them to show the issue to my parents through their surveyor or i need to manage someone at the same time.
2. If what they say is true, I will have to forgo the compound wall or otherwise?
3. If this is to be done via some financial transaction, how to be safe in future in case of such claims again. Register an agreement with notary or something?Infact my parents house is half of one plot and the other half theirs. One side of our house is road and the other this plot. For them, one side is us and the other another house. So is it a possibility that the other house might have encroached and these guys are blindly onto us just because we are not there?
Pls guide on approach as I really need help.
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HYou don’t need to worry about anything in this case. Since you have been in possession for over 20 years, any claim by your neighbor to recover the land is barred by limitation, which is 12 years for immovable property.
If they file any case against you, you can take the defence of adverse possession. Police has no power to evict you or interfere in civil matters in relation to immovable property.
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RIs this valid across states in India? They just want to resolve directly as they want to sell their plot and I feel they just want to pressurize through their police to get something.
But I want to verify the claim first as they measured just based on a tape as such
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UNAL
Just send your father or someone just to learn more about the issue and get video proof too if possible. Don’t yield to the pressure.
Get a broker in government office and book appointments with the government surveyor. Also say nothing happens until surveyor clears.
It would take between 3-10 days for surveyor to do your few hours work and say weather it’s true or not.
You have 2 options if the issue is true. Best option: Register a document saying that you’re buying the said area sign after a lawyer review and pay for the same. Other option: move the wall (I mean demolish & rebuild).
If it’s a village, VAO might have enough documents to clear it but not a proof.
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RThanks for response. I tried for surveyors. It seems they have rules to not engage in private surveys per the inputs. But the others asked me to pay huge amounts of money to block their time
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UNo it’s the duty of the surveyor to measure your property if you want to verify. It will cost a lot depending on the area and all. Many states have made it online and it’s mandatory for them to close every application. I learnt it the hard way (to the Surveyor).
Paying huge money is waste because Officers can get money from all the parties and act in favor of who’s paying more (was about to happen to me indirectly once).
Also if the said area of encouragement isn’t large they’ll just leave it after a few months if they’re genuine.
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RThe adjacent owners claim it’s a foot or two. If I take the length of the wall, it might be an 50×2 or 50×1. Am from Andhra and not sure about the online facility for survey application. They are asking huge amounts when asked through contacts.
The worst part is that they want to come, show measurements using a tape as they are from acp cader police, and want to settle in one day! Taking advantage of my parents situation
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RI will ask my father to tell them, will ask for surveyor validation alongside. What’s tslr? I think they have a plan to demand money eod. But am surprised as it’s been 20+ years
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