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

Ramalingam

Ramalingam Kalirajan  |9709 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  |9709 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

Ramalingam

Ramalingam Kalirajan  |9709 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 10, 2025

Asked by Anonymous - May 09, 2025
Money
Sir, we had a dispute in our ancestral property we approached the court and the verdict said we are entitled to a portion of the property The dispute was the land was sold without our knowledge etc., after getting the verdict we got patta, registration in our name. Now we are planning to sell the land, a lawyer said get a ratification deed, I don't know what it is and also weather it is needed or not. The lawyer called us and said the the other party who has purchased the land illegally is not agreeing to sign and is asking money to settle the matter as he has purchased the land. Even after receiving court orders this kind of dodging is happening. The amount of money he is asking is senseless, even if I sell the land I wouldn't get that much amount, I am unable to put in writing many other problems kindly advise what next steps to take. also let me know what are all the documents to have as a owner. Thank you
Ans: You have taken rightful steps. Court verdict is in your favour. That shows your legal ground is strong.

But still, the other party is asking for money. That too, an unfair amount. You also mentioned a lawyer suggested getting a ratification deed. Let us try to understand the full situation and assess all possible options. We will also cover what documents are needed to prove your ownership.

This reply gives you a 360-degree view. It will help you make a sound and confident decision.

Understanding Your Current Legal Standing
You said the land was sold without your knowledge. That makes the original sale illegal. The court has agreed with you. That is a key win for you.

You now have patta and registration in your name. These are strong documents. They show you have legal title.

Based on this, you are now the legal owner. That means you have the full right to sell the land. But the buyer must also be confident. So legal clarity is very important.

What Is a Ratification Deed?
A ratification deed is a It confirms a past act done without proper authority. The current party gives approval to that act.

In your case, it seems the buyer who bought the land earlier is being asked to “ratify” that sale. That is, to agree that you are the rightful owner now.

This is not a mandatory document by law. But it is sometimes used to make the title stronger. Some buyers or their banks ask for it.

However, since the court has already ruled in your favour, you may not legally need it. You already have the stronger claim.

Why Is the Buyer Still Causing Issues?
The person who bought the land earlier might feel he lost money. He may think the sale to him was legal. But since the court disagreed, he now holds no right.

His demand for money is unjust. It is a pressure tactic. He is trying to recover his loss by troubling you.

You are not legally required to pay him. He has no power to stop your sale.

Assessing Options Now
You can now evaluate your next steps from three angles – legal, practical, and financial.

Legal Options
Talk to your lawyer again. Ask: is a ratification deed mandatory in your case?

Get a written legal opinion. This should clearly mention your rights and position.

File a complaint if the other party is threatening you or asking money.

Send a legal notice through your lawyer to that person. Mention that he has no right now.

Practical Options
Try selling to a buyer who trusts the court order. Show them all documents.

Explain clearly that title is clean. Show the judgment, patta, and registration.

Use a reputed real estate lawyer for the sale. That gives buyers more confidence.

Financial Assessment
Do not agree to pay huge amounts. It may cause loss for you.

If needed, consider a small settlement. But only after full legal review. And only if it makes the sale smooth and quick.

Ask yourself: Even if I settle, will the person agree to give in writing? If not, don’t pay.

Must-Have Documents to Sell the Land
As a rightful owner, you must hold the following papers:

Patta in your name (this is land ownership proof)

Registered sale deed or title deed (issued after the court judgment)

Copy of the court verdict

Encumbrance Certificate (EC) (shows your name as the current legal holder)

Legal heir certificate, if you inherited the land

Property tax receipts in your name

Aadhar and PAN card copies

Suggested Steps to Make Sale Smooth
Get a detailed Title Certificate from a lawyer. It should mention the court case and outcome.

Keep a summary note ready. It should explain how you became owner.

Ensure name match across all your documents.

Keep a certified copy of court order with you at all times.

Use a reputed property consultant or broker only if needed. Prefer buyers who are local and familiar with such cases.

Emotional and Mental Pressure
You also mentioned you are facing many other issues. That is understandable. Land disputes take a heavy toll on health and peace of mind.

Please do not worry. You already have legal strength.

You have cleared a big milestone by getting the court’s support.

Don’t allow fear or threats to stop you.

Stay strong. Keep family informed. Talk regularly with your lawyer.

How Certified Financial Planner Can Help
A Certified Financial Planner (CFP) can guide you better with your sale proceeds.

If you plan to sell, prepare a written cash flow plan.

Think about your family’s short-term and long-term needs.

Keep emergency funds aside. Don’t invest all money at once.

Mutual funds managed by professional advisors can be considered. They offer long-term wealth building.

What Not To Do
Do not deal in cash. Always use cheque or bank transfer.

Do not sign any paper without lawyer check.

Do not get emotionally disturbed by their false threats.

Do not delay your next steps due to confusion or fear.

Finally
You have shown good courage. You followed the legal process. You now own the land as per law.

The other party is only trying to misuse your fear. Do not fall for it.

If the buyer still refuses to cooperate, avoid them. Choose another buyer.

If a ratification deed is insisted by your new buyer, ask your lawyer: Is it really needed?

If not needed, move ahead without it.

If needed, try again to convince the other person. If they demand unreasonable money, don’t agree.

Let your lawyer send notice. You can also explore police help if needed.

Always work with proper documents. Keep everything in writing.

Keep calm and move forward. With legal support and proper documents, you will win.

If you need help with managing the money after sale, we can help with a long-term financial plan.

Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

..Read more

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My son got 60206 in jee mains, GEN category from kolkata. BITS score 193. Msc maths or physics dual degree will be helpful or which course/ college is advisible from jee mains score?
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