I need legal advice please .....

Question

i have some property i.e. some shops which was built during my fathers time sometime in 1970 - 1980's ( he is no more).... its a single storey complex.... now i want to add another storey to it but the local government says that the land is nazool i.e leased so i cannot build anything over it.

I dont have the passed naksha of the place and when i asked the municipal corporation it said it has lost it.

The government on its part has no proof of the land being nazool .

My question is that since i pay property tax for the shops, so if the government cannot show any proof then i should be allowed to build over the existing structure?.

Answer 1

First of all be sure that is it not nazool.Then u apply for building approval.

If it's rejected by the govt. official then with that records u fill a petition in the court and prove that is not nazool and claim deformation for the delay of procedure  by the govt. officials.Together get the permission to do constrution from the court.

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Answer 2

Since you are paying propertym tax the ownership cannot be disputed. You apply for approval  for construction additional storey and let the corporation reject it, that will help you to file a suit against the corporation for refusal since you say that they do not have any proof to show that the property is nazool.

Answer 3

You will have to contest in court as to whether the land is nazool. If the government cannot prove it you will win then can further build. I would not build until that time.