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Land Dispute Neighbor Encroachment: Seeking Help (Srinivasan, Chennai)

Ramalingam

Ramalingam Kalirajan  |6558 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Sep 05, 2024

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more
N Question by N on Sep 05, 2024Hindi
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Hi! My name is Srinivasan and I had purchased a plot measuring 2990 sq.ct in Chennai suburb in 2013. I did not fence it. In 2015 I got a Patta also. Panchami vacant land is situated at the rear end of my plot In 2018/2019 a neighbour at the rear end of the plot seem to have encroached a small portion of my land and constructed a boundary wall. He claims that he has not encroached my land. But, I doubt. I was away and couldn't take any action. Now, I have applied for a survey of land and boundary marking through TNREGINET and awaiting for their visit. I have decided to raise a boundary wall. Pl let me know the remedial actions to be taken if found in the survey that the neighbour has really encroached upon my land Thanks

Ans: If the survey confirms that your neighbor has encroached on your land, here are the steps you can take:

Gather all documents: Ensure you have your sale deed, Patta, survey report, and any other legal documents to prove ownership.

Legal Notice: Send a legal notice to your neighbor, along with evidence of the encroachment, demanding removal of the boundary wall.

Talk to Local Authorities: Approach the local Tahsildar or revenue authorities with your documents and survey report. They can assist in resolving boundary disputes.

File a Police Complaint: If the neighbor refuses to cooperate, file a police complaint for trespassing and illegal encroachment.

Civil Suit: As a last resort, file a civil suit in the court to reclaim your encroached land.

Consult a lawyer specializing in property disputes to guide you through the process.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Ramalingam

Ramalingam Kalirajan  |6558 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 08, 2024

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I wanted to purchase a plot in 2021 in Visakhapatnam and approached a mediator. That mediator took to an another mediator who himself pretended to be an owner and I was forced to pay him Rs.1.50 L towards token amount. Since the day I paid token money, he started insisting to pay full amount towards sale consideration before the registration of land takes place. I believe he had entered into an unregistered agreement with the owner and he does not want me to introduce myself to the owner. I insisted him to introduce me to the owner, but in vain. We mutually, fixed a date for registration. I went to Vizag from Hyderabad for this purpose. Further, he was supposed to get a survey number clearance certificate from MRO which he failed to get it till last moment of registration day. I was also supposed to complete the process of registration and leave for Hyderabad that particular day. Because of his non-cooperation, dominating nature, dictating answers over phone and delaying process, I cancelled the deal and informed over phone as well as Whatapp and cam back to Hyderabad. Since then (almost 3 years), he paid only Rs.50,000/- and Rs.1.00 lakh has still to be paid by him. I have been persuading from time to time and he has been postponing the re-payment. At the time of payment made, he signed a receipt for the payment received in which he has also written all the details of property even though the property did not belong to him formally. I would now request you to please advise me what are the option I have to recover my money from him.
Ans: I'm sorry to hear about your experience with the mediator, and it sounds like a frustrating situation. Here are some options you can consider to recover your money:
1. Legal Action: You can consider taking legal action against the mediator to recover your money. This may involve filing a civil lawsuit for breach of contract or fraud. Consult with a lawyer who specializes in property disputes to understand your legal rights and options.
2. Mediation or Arbitration: Before pursuing litigation, you may want to explore options for mediation or arbitration. This involves a neutral third party helping you and the mediator reach a resolution outside of court. It can be a faster and more cost-effective way to resolve disputes.
3. Demand Letter: Sending a formal demand letter to the mediator may prompt them to take action to resolve the issue. The letter should outline the details of the agreement, the amount owed, and a deadline for payment. Keep a copy of the letter for your records.
4. Negotiation: You can try negotiating directly with the mediator to reach a mutually acceptable solution. This could involve agreeing on a repayment plan or other terms to settle the debt.
5. Reporting to Authorities: If you believe the mediator engaged in fraudulent or illegal activities, you may consider reporting them to the appropriate authorities, such as the police or consumer protection agency.
It's important to gather any evidence you have related to the transaction, such as receipts, agreements, and correspondence, to support your case. Consider seeking advice from a legal professional to explore the best course of action based on your specific circumstances.
Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in

..Read more

Ramalingam

Ramalingam Kalirajan  |6558 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 08, 2024

Asked by Anonymous - May 08, 2024Hindi
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I am a seniior citizen, husbsnd & wife residing in own house and taking care of siper cirizen (90 yrs) My neibour taken up extension of the building by adding 2 more floors to his existing gf + ff units. Site measuring 30'× 26' ( divided portion of 30'× 53 ' Only 3' to 4' gap is there betwen the stricture now cinstruction & our portion exposing us of falling out of contruction materials on us and Parked vehicle & putting us in lot of risk and axiety . The neibouring owner and the The contractorhas provided side protection partially & not taken safety measures to prevent falling if constn material which would cause damger to us. Reminders to them to provide sufficient protection & safety measures has fallen on deat ears. They are even adament. Suggest a best way to resolve the issue without affecting the relationship with each. other afterall we neibours.
Ans: I understand the concern you're facing with the construction activity next door and the potential risk it poses to your safety and property. It's indeed a challenging situation, especially when dealing with neighbors.

Here are some steps you can consider to address the issue without straining your relationship:

Open Communication: Initiate a conversation with your neighbor in a calm and respectful manner. Express your concerns about the safety hazards caused by the ongoing construction activity. Approach the conversation with empathy and understanding, acknowledging that you both share the same neighborhood.
Collaborative Solutions: Instead of placing blame, focus on finding collaborative solutions that ensure the safety and well-being of both parties. Propose practical measures such as installing additional safety barriers or netting to prevent debris from falling onto your property.
Seek Mediation: If direct communication doesn't yield positive results, consider involving a neutral third party, such as a community leader or mediator, to facilitate a constructive dialogue between you and your neighbor. Mediation can help find mutually acceptable solutions while preserving the relationship.
Legal Options: As a last resort, you may explore legal options to address the safety concerns if all attempts at resolution fail. Consult with a legal expert to understand your rights and options under local laws and regulations governing construction activities and property disputes.
Remember, the goal is to resolve the issue amicably while safeguarding your safety and well-being. Maintaining a positive relationship with your neighbor is essential for a harmonious neighborhood environment.

Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in

..Read more

Ramalingam

Ramalingam Kalirajan  |6558 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Sep 05, 2024

Asked by Anonymous - Sep 05, 2024Hindi
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Sir My husband had purchased a land measuring 3600 sq ft approx. for an amount of Rs 16.00 lakhs with an assurance that it will be developed into a gated community. However, 5 years since no developmental work has started yet. Further the land was also not registered. Now when we are pressing the broker to return the principal amount at least he has stopped taking calls. What can we do now Sir or what are the legal procedures we can follow to get back the paid amount with appreciation ? Hope to get an answer soon. Thanking you in anticipation
Ans: I'm sorry to hear about this situation. Here’s what you can do to address it:

Send a Legal Notice: Consult a lawyer and send a formal legal notice to the broker, asking for a refund of the amount paid. Clearly state that no development has occurred and that the land wasn’t registered in your name.

File a Police Complaint: If the broker continues to be unresponsive, file a police complaint for fraud and cheating under Section 420 of the Indian Penal Code (IPC).

Consumer Court: You can approach the Consumer Court if you have evidence (receipts, agreements) showing the transaction and non-delivery of services. The Consumer Protection Act provides recourse for cases of deficiency in service.

RERA (Real Estate Regulatory Authority): If the project is registered with RERA, file a complaint with the authority for recovery of the amount along with interest for non-fulfillment of the agreement.

Civil Suit: You can file a civil suit for recovery of the amount along with compensation for mental agony and financial loss.

Best to act quickly to avoid further delays.

Hope this helps.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

..Read more

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Hello, My current age is 42. Our combined post tax salary is around 6.25 lakhs. We have around 50L in mutual funds, 80L in direct stocks, 14L in gold, 30L in NPS, 31L in PPF, 21L in SSY and 2.5cr in real estate. Our current household expenses are around 1.5L per month and we are contributing 1L/month to NPS, 2L/month to SIP, 20K/month to direct stocks,1.5L/yr to PPF, I.5L/yr to SSY. We have an EMI of 50000/month for next 5 years .Our kids are 12 years and 10 years. We want a corpus of 4 cr for their higher education and of 1cr for their marriage. We are living in a company provided accommodation and plan to live in it till requirement.We want a 4L monthly pension and don't have a home right now. If we are planning to retire at 55, how should we manage our finances?
Ans: Hello;

Since NPS will be available only after you reach 60 and no info. about any rental income from real estate investment hence both are kept out of our purview.

1.Higher education goals for children typically start after 12th so we have 6 to 8 years for kid's education financial goal(4 Cr) attainment.

I have split it in two tranches:
A. 2 Cr after 6 years
B. 2 Cr after 8 years

For achieving target A following will work:
Direct stocks corpus of 80 L will grow into a sum of 1.5 Cr after 6 years. (Moderate return of 11% assumed)

PPF corpus and contributions will grow into a sum of 50 L+ after 5 years block when you may withdraw this corpus towards this goal. (6.9% return considered)

So 1.5 + 0.5=2 Cr

For fulfilling target B following will work:
MF corpus of 50 L will grow into a sum of 1.15 Cr after 8 years. (11% return considered)

50% of SSY corpus eligible for withdrawal expected to be around 27.85 L. (8% return assumed)

Direct stock monthly sip of 20 K will grow into a sum of 30.85 L in 8 years.(11% return considered)

Gold corpus of 14 L will grow into a sum of 24.05 L. (7% growth assumed)

So 1.15+27.85+30.85+24.05~~2 Cr

2. Target for Marriage of offspring:
1 Cr.
3. Retirement pension: 4 L per month
13 years from now.
Investible surplus left after all monthly investments utilized for fulfilling above targets should be immediately redirected to monthly SIPs in mutual funds. That includes 20 K direct stock sip, 12.5 K/pm SSY investment after 8 years from now and 12.5 K/pm PPF investment 5 years from now.

Also the 50 K getting free from loan EMI after 5 years should be converted into a mutual fund SIP.

After accounting for monthly expenses and monthly investments, from the balance 80 K, I would suggest you to deploy 50 K into MF sip since it will help in target achievement.

So summarily 12.5 K/8 yr, 12.5 K/5 yr, 20 K/5 yr, 50 K/8 yr and 250 K/13 yr will yield you a comprehensive corpus of 9.89 Cr. Add balance 50% SSY corpus of 27.5 L to this and your total corpus comes to 10.16 Cr. (MF returns assumed at a modest 11%)

Earmark 1 Cr for offspring wedding as envisaged.

Net retirement corpus will be 9.16 Cr. An immediate annuity at 6% will yield you a monthly income of 4.58 L from the age of 55 as planned.

You may use commutable corpus of NPS(60%) to buy your house. While NPS annuity portion(40%) may yield you a delta per month so as to have post tax income of 4 L per month.

This looks achievable because you have managed your finances and investments outstandingly well.

I discourage people to take direct stocks exposure especially when they are nearing the retirement but if you have the knowledge and temperament you may dabble into it subject to some minimum amount earmarked as risk capital.

I am sure you have adequate insurance cover for life and health.

Kudos again to your meticulous fiscal planning and execution.

Happy Investing!!

*Investments in mutual funds are subject to market risks. Please read all scheme related documents carefully before investing.

...Read more

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Asked by Anonymous - Oct 10, 2024
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Hi, I am not yet mairred. I used to like a man and after a month we decided to get married. He was of my caste so I thought my parents won't deny this mairrage. I used to talk to and wanted to let him know everything about my past so that we can built a strong root of our relationship. I spoke every detail of my past life to him. Then before he proposed me for mairrage I went for a vacation with my male friend to dehradun. I didn't tell him that day as he didn't proposed me till that day then why would I tell everything about me to anyone. He was noone to me at that time. After that he came to visit me in Delhi and on the same when he was on train a friend of mine along with his fiance came to meet me after a very long time. I asked him and he didn't denied. After returning home he blocked me. I cried and cried, called multiple times but he didn't received my call. Even I went to his location and waited for almost 3 hr but he didn't came. Then I asked my sister to call him. Then he talked to me but he said me so much of harsh and vulgar words that I went in shock. I cried a lot but he went on humiliating me. But somehow I convinced him to stay with me. I never talked to that friend ever. Then I told my parents about him that I want to get married with this men. Being a girl's father my father enquired about him by being annonymous. And trust me noone has said anything good about him. Later on we get to know that his father has a murder case on him of his brother in law. But then I wanted to get married. Finally my parents agreed only for my happines. Meanwhile I was never being respected by him. He always doubt me, humiliate me, abuse me mentally and physically, and when I was like I don't want to be with you he used to say sorry and begged me to be with him. He even used to restrict to visit my uncle aunty. His mother wants used to defend him and never used to make him realise that he was wrong. Then before engagement we went to Kolkata to buy dress. Yes one more thing I have informed him on the very first day that I used to drink and smoke occassionally. So whenever he used to visit me he always wanted to drink with me whether I want it or not. He always used to abuse me and humiliate me in front of everyone after drinking, so after a period of time I used to avoid drinking. Then he used to fight with me for that also that why will you not drink. In kolkata the same thing happen. We stayed there for 3 days and he was convincing to go to club from the very first day but I refused. On 3rd he hit me. After engagement his family asked for dowry. After a lot of dealing my parents agreed for an amount. But I felt betrayed. I stopped talking. After after when I initiated the conversation he picked up a fight and said he won't marry. I tried to convince. But when everyone was blaming me then I broke my silence and said everything about him to my parent. But he manipulated everything and made me villain. My parents want me to get married as the society will insult our parents. I am getting married in November only for my parents but I have already made up my mind that I'll divorce him after 1 year of mairrage and will live my life alone. Am I thinking right? What should I do?
Ans: Dear Anonymous,
No, you are not thinking right at all...This man is all RED FLAGS...
Are you actually thinking of spending one year with a person who physically abuses you? Seriously?
And then you expect him to agree to that divorce without any fuss? What world are you in? No compromises on your life please...
Be wise and protect yourself...

All the best!
Anu Krishna
Mind Coach|NLP Trainer|Author
Drop in: www.unfear.io
Reach me: Facebook: anukrish07/ AND LinkedIn: anukrishna-joyofserving/

...Read more

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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