Advice regarding neighbouring property acquisition
1 month ago
Dear sir/ma'am,
Living in a village panchayat area, just beside my home(owned by my mother) there is a fallow rectangular(almost triangular) plot (around 2 decimals) sharing two sides with us and other two with the street owned by my own uncle who has some personal issues with us. Now, despite of using that plot for any meaningful purpose, he is doing stuffs which are causing harassments.Like, planting big trees just beside my boundary, damaging boundary wall, dumping garbages, always giving slangs to my father from there for no reasons and many more. In rainy season, it becomes home to big snakes and poisonous insects, terrifying us living just beside it.Even approached him for selling it to us at his price but he denied. In a plot of that dimension he can't do anything fruitful except causing nuisance.
Now I came to know that he is planning to sell it to someone else at a very cheap price, but will show big amount on papers. So, even if I go to court for claiming, firstly, it will be time consuming and secondly, it will have to bear a huge amount with no certainty of outcome.
Please advice me on what should be my course of action in both cases(if he sells the plot/not), so that I can get that plot and reach the end of this trouble.
A landowner has the legal right to sell their land to anyone of their choosing, and no one can legally object to or prevent them from doing so. This right is generally protected under property laws. However, if there are concerns about harassment or nuisance caused by a neighbor, particularly if your uncle is the landowner, you have the option to address the issue legally.
In such a situation, you can serve a legal notice to your uncle regarding the harassment or nuisance. If the issue persists, you may consider filing a suit for public nuisance in court under Section 268 of the Indian Penal Code (IPC). Section 268 of the IPC deals with the offense of a public nuisance, and individuals have the right to seek legal remedies to address such matters through the appropriate legal channels. It's advisable to consult with a legal professional to understand the specific details of your situation and the best course of action.
A land owner is free to sell his land to anybody as per his choice and nobody can object or prevent him from doing so legally. As regards harassment and nuisance, being a neighbor serving a legal notice to your uncle, you can file a suit for public nuisance in the Court under Section 268 of IPC. Reach out to an Advocate for guidance and steps.
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