Remedies such as filing a civil suit for possession, temporary or permanent injunction are available. Damages can also be claimed along with these remedies.
Archives: FAQs
What is the penalty for land encroachment?
Section 329 of BNS, 2023 the punishment is imprisonment for a term which may extend to 3 months or fine extending to five thousand rupees or with both.
How to report illegal land encroachment?
To report illegal land encroachment, a police complaint may be filed or it can even be reported to Municipal/ Revenue Authorities.
What documents are required to prove ownership?
To prove land ownership, you need to have documents like Title deed, Purchase agreement, Mutation certificate and Utility bills etc in your name.
Can an NRI file a complaint against a builder without coming to India?
Yes, NRIs can initiate and pursue legal matters in case of builder disputes without physically being in India. Virtual hearings can be conducted in many cases and complaints can be filed before different forums such as RERA, Consumer Commissions etc.
Is it mandatory to appoint a Power of Attorney (PoA) holder?
No, it is not mandatory to appoint a POA holder. However, appointing one can make the process smoother when the documents are to be filed or signed in India.
What is the best legal forum for a delayed possession case?
For delays in possession, RERA is often considered one of the most effective remedies as it specifically deals with real estate disputes and provides relief in the form of the possession, refunds, interest, and compensation. However, the appropriate forum depends on the facts of the case.
Can an NRI claim a refund if the builder fails to deliver possession on time?
Yes, if there is an unreasonable delay or a breach of the contractual obligations by the builder, an NRI may seek a refund of the amount paid by him along with interest.
Can compensation be claimed for mental harassment and financial losses?
Yes, depending upon the circumstances, compensation may be claimed for the financial losses, mental agony, harassment, and other damages caused by the builder’s actions or omissions.