Hello, I own land in WB, and the survey, agreement, and mutation processes are completed. A fence with five rods for support marks the boundary. Unfortunately, someone from an adjacent plot has cut one of our rods, used as a marker. Upon confronting them, they suggested setting a date for re-measurement, assuring that if our location is correct, they would fix the issue with welding. I agreed and chose not to file an FIR at that time, as the person seemed cooperative.
However, a week later, when we contacted them to confirm the measurement date, they denied cutting the marker rod. In our initial conversation, they had admitted to the act, offering to fix it if everything was accurate. Now, they claim innocence and blame someone else for the damage. I possess audio and video recordings, but the video inadvertently captures a different location while I'm in conversation with another person.
Based on my thought, it appears they may have conducted a new survey, acknowledging the accuracy of our boundary but using excuses to evade responsibility. What should I do in this situation?
A.Dear Client,
In this scenario, it is advisable to send a legal notice to the individuals involved, followed by initiating legal action. File a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963, and seek a mandatory injunction under Section 39 of the same act. This should be done before the Civil Court with jurisdiction over the property in question, requesting compensation for damages. Seek guidance and necessary steps from a civil lawyer to navigate this process effectively.
Thankyou
A.Dear Client,
In the given situation, serving a legal notice to the concerned persons, file a civil suit for declaration (u/s section 34 of Specific Relief Act, 1963), and mandatory injunction (u/s section 39 of SRA, 1963), before the Civil Court having jurisdiction over the suit property praying compensation for damages Reach out to a civil Lawyer for necessary guidance and steps
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Dear Sir,
Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
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