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

Ramalingam

Ramalingam Kalirajan  |6971 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  |6971 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  |6971 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  |6971 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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Ans: Dear Shristi,
It is obviously very shocking for you to know that things have been happening behind your back.
Now, how you want this to move on from here on, is a decision only you must make! Have you had a chat with your wife about the association that she has with the other person? Does she know that you know about it?
If she doesn't, then you need to make her aware and yes, do ask her whether she is interested at all in the marriage. That will give you an idea as to whether things are worth fighting for or is it best to walk away!

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Hello madam I a 32 year old married man with a kid , who is 6 years old. I have done arrange marriage with my own decision I agreed to my parents for the marrige at that time I was in a casual relationship with a girl I didn't said anything to the girl and get married to someone else. After that I tried to live a happay life with my wife without thinking about the girl whom I left behind, from outside I tried to be happy with my wife but my wife thought doesn't matches with me so I felt so disturbed from inside. Still I was trying to continue the relationship for sake of our child but suddenly I got my ex love contact and I was so happy that after so long time I got a chance to talk to her, I have tried to meet her but she always refused to meet me because she was in a relationship. I tried many times and due to some misconduct I again lost her for the second time. At this moment when she is not with me her thoughts memories are troubling me so much I am in pain, what am I suppose to do to get rid of the pain?? Please help
Ans: Dear Anonymous,
There is no point wanting a 'past' relationship just because you have one...what if that relationship did not exist, you would have possibly made efforts to make your marriage work, right?
Then do just that...DO NOT treat your marriage as an option...which marriage is a perfect one? And are all spouses tailor-made to fit one another?
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All the best!
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Drop in: www.unfear.io
Reach me: Facebook: anukrish07/ AND LinkedIn: anukrishna-joyofserving/

...Read more

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I am 50 years old and got married 15 years ago. I am a very spontaneous sort of a guy and enjoy life, partying etc. I was also very active socially.My wife being the complete opposite put a stop to all that once we got married. She also does not display any affection and has no interest in physical intimacy. She is just concerned with her housework.We also have lot of differences in mental attitude & intellectual abilities. At no stage will we ever seperate, however, I am unhappy with her nature. She has lot of friends, however is always at daggers drawn with in her in laws. We had to stay separately for 6 months, and I tried looking for love else where, however after a couple of months, I realised, that I missed her. I am in a quandary. Despite requesting her to work on our relationship, I get no response. Please advise on how to proceed.
Ans: Dear Anonymous,
I understand you are in a tough spot. But it's nice to see that after all those years of differences, you still have genuine feelings for her. I strongly suggest considering marriage counseling. From your description of your marriage, it seems to be there have been issues from the very beginning of it. It's been too long and now those issues must've become deep-rooted. Seeing a professional can be a game-changer. They can guide you out of this slump more methodically and help you navigate the emotions you are feeling right now. It can also help you understand the reasons for your wife's disinterest and handle it better.

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Ravi

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Hii, I have an love marriage after 9 years of dating and 6 years, 2 children post marriage, my little one is 11 months old now. My husband has an affair upto chatting to someone in his company, his junior but in different department, when my Lil one was 1 month old, we had in a rough patch then due to child birth and family drama. When I saw it and confronted him, he said he is sorry and won't do it again, we had multiple fights for 3-4 months after then due to same reason, but he mostly listen and consol. It's been a lot of mental torture for me. I love my husband a lot and he is a good person, but sometimes sill I see her msg in his phone asking for small helps or casual msg. She is also married. I am not sure my husband deletes msg or what, I am not able to get over this. Before it, this is was preety much a good relationship. I am highly educated and independent women. I don't want anything form my husband apart from love. What should I do, whenever I tell him I want to just leave and let him have his life, he won't let me somehow. We are having a good physical relationship 2-4 times a week( just to tell where we are). Please help me...I can't overcome that he is making fool of me...
Ans: Dear Anonymous,
I am sorry to hear you are in such a tough spot. I would suggest considering marriage counseling. A professional who can help you both tackle these issues would be helpful in this situation. I understand that it was his mistake and he needs to put the effort to make you trust him again, but since you are still together, you will also have to put in the effort to let it. I know it is difficult and that's where marriage counselor comes in. They can help you navigate these feelings. Moreover, if he is indeed hiding something, therapy can help that come out in the open.

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Hi, Me(M38) and wife(F37) happily married for 12 years and blessed with one daughter. Partner(F28)continuing friendship with a person[M] who had crush on her before marriage considered emotional infidelity? Me(M38) and wife(F37) happily married for 12 years and blessed with one daughter. My wife is having friendship (strictly platonic) with a guy from her 10tlh grade (same class). Before our marriage (she may be doing her college, our relationship just started may be 2 weeks) this guy told her he has genuine interest in her and he want to take the relationship further if she wants, she said she is not interested in a relationship and she got committed, she always saw him as a friend, no other feelings for him and we can be friends if you don't bring any romantic interest again. He never took this talk again ever after and happy to be a friend. They are talking as friends. She got married to me. He also got married. They still do chats once in a month. She introduced me to him and visited his home when we visited his city. He also came to our home once (me and my family was there). She used to update me with chat she had with him and the content they are chatting. I am ok with that When we were talking about our school life and college life 2 years before. She said this guy had crush on her during her college days. I asked her, why did not she tell me this info till now. She said it is not purposely, she does not feel the need to do as the person is not in-appropriate with her and continuing as good friend as promised after she rejected his proposal. I don’t want to create any unnecessary issues as I don’t have any felling or so with him. That time I checked their chats completely, it’s about update about their common friends, their recent travel, their job, meditation courses and the books they read recently. I haven’t seen any flirting or romantic message from either of them. So I am perfectly fine with it and had no problems. I recently came to know about the concept of emotional cheating which is very new to me. Before that cheating to me is only flirting, sexeting and physical sex. I have asked for advice in redddit.com in infedility sub forum about emotional cheating/ emotion affair. There persons are advising like even having friendship with someone who had crush on you is emotional cheating as it is indirectly leading them on you. So with an omission of lie he had crush on her and indirectly leading him on you wife was emotionally cheating on you. This is very much equal to cheating. I do have lots of friends in other gender, but no one had crush on me. Does this count as emotional cheating/affair as she did not mention he had crush on her before marriage? I am little depressed and not able to spend quality time with my wife who is in postpartum depression and take care of our daughter properly as before. Do you guys advise me how to navigate this situation?
Ans: Dear Anonymous,
Are you really going to ruin your happy relationship based on some new term you have learned recently? Emotional cheating and many more terms of the kind will come and go, what truly matters is the truth. She is merely friends with this guy and for your peace of mind, you have even checked their conversations- what part of it looks like cheating to you? If tomorrow, some random person projecting their own insecurities claims that a man speaking to a woman is some "new form" of cheating, would you start believing that? My point is that these are just random opinions of some people- it isn't the ultimate truth. The entire context matters. This man had a crush on your wife, she rejected it, and now they are just friends. I find absolutely no misconduct or infidelity in this. The fact that none of your friends had a crush on you does not factor in at all. Moreover, your wife is in postpartum depression- that should be your biggest concern but here you are, giving more importance to the random 2 AM thoughts of some people you don't even know. Please rethink if you are being fair to your wife- the mother of your child.

Best Wishes

...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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