We had an ancestral property in west bengal, measuring about 8 cottah's in my grandfathers name. After the demise of my father, the property was divided among all the legal heirs in the year 2017. I and my widow mother was residing in our ancestral house which fell under my aunt's portion of land. So they provided us a court notice to vacant the land within 2019. We contacted a registered Municipality LBS and started the paper work for building plan approval. But gathering all the required documents took a large time. As there was no gurdian in the family I being of age 18 and my widow mother were the only heads who were arranging everything. As the court notice mentioned that we have to vacant the land within 2019, we had no option except to start our house construction. In the year 2019, we have anyhow constructed our house and vacant their land. We took permission from my aunt that can we leave a gap of 3 feet from thwir portion of land. And they agreed. The boundary wall is completely our's. The total gap from our house is 3 feet. Later, in 2019 pandemic broke out, and all the offices were shut. In the year 2023, we did our soil test from a certified body and also submitted our "as made plan" in respective Municipality. But it is still pending for approval. We have permit to build a G+1 house in our land, and so after submission of the documents we have continued the construction work for our 1st floor, as the building was left incomplete. And now the problem arises, my aunt sold the land to another person in the year 2020. Now they have appeared before the civil court and issued an injunction order Against us claiming that we have built our house without a sanctioned plan and without leaving a gap of 4 feet. But they have purchased the land after we have built our house. I don't know what to do now. Please suggest.
A.Dear client,
It is the purchaser's fault. He should've made sure of all this before purchasing the land. If you and your aunt have entered into an agreement to leave a gap of 3 feet, then he cannot use it against you.
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Anonymous
Replied 10 months ago
Yes..but I don't have a sanctioned plan as after the demise of my father we were gudian-less. And due to many other factors we couldn’t at that time sought approval. But we have soil test report and structure report from licencesed authorities who gave us report that a G+1 building can be built on our land. Later after covid, We have informed about the construction to the municipality and area council..we have even submitted "as made plan". Now one of the neighbours have claimed demolition in court.
Anonymous
Replied 10 months ago
Is regularisation of my unsanctioned residential building possible in West Bengal ?
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