Court, Litigation and Encroachment

A report written to be challenged

In a contested matter the other side has every reason to attack your valuation, and they will attack the method rather than the figure. Which comparables, of what date, adjusted how, and what was actually inspected. A report that shows its working survives that. A one page letter with a number does not.

Where these reports are used

• Partition suits, where co owners cannot agree either on value or on how to divide.
• Encroachment claims, where the question is often the extent of the loss rather than the whole property.
• Land acquisition compensation, where the award is disputed.
• Specific performance and contract disputes over a sale that did not complete.
• Recovery proceedings, where the value of security is in issue.

The valuation date, again

Litigation rarely wants today's value. It may want the value at the date of a disputed agreement, the date of an encroachment, or the date of a notification. Ask your advocate which date the pleadings put in issue and tell us before we start. A retrospective valuation is normal work. Redoing one because the date was wrong is not.

What the report contains

• A declaration of independence and no interest in the outcome.
• The instructions received, reproduced, so the scope is on the record.
• The valuer's registration number and qualifications.
• Basis of value and valuation date, stated explicitly.
• Comparable evidence, identified with source and date.
• Every adjustment, shown rather than asserted.
• Dated and located site photographs.
• Assumptions and limitations, including anything not inspected.

Encroachment matters specifically

These need the extent established before the value can mean anything. Where the boundary is genuinely uncertain, the report says so and values on stated alternative assumptions rather than pretending to a certainty the evidence does not support.

Giving evidence

Where the valuer who signed may be required to depose, that has to be agreed at the outset, not discovered at the hearing. Tell us early if it is likely.

What we will not do

We do not write to a number, for you or for anyone. A valuation shaped to suit a case collapses under cross examination and takes your position with it. If the honest figure does not help you, you are better off knowing that before you file.

What you get

A signed report from a government approved valuer, based on a real inspection, with the workings shown so the person reading it can follow how the figure was reached. Our registration number is printed on it. If anyone questions it later, the evidence is already in the file.

• An inspection that actually happened. Our engineer stands at the property. Every photograph carries the date, the time and the exact position.
• Comparable evidence, named. Real sales from the relevant area and the relevant period, identified so anyone can check them.
• Method stated openly. Which approach we used and why, with the adjustments set out rather than buried.
• The right date. A valuation is always as at a date. Get the date wrong and the number is useless even if the work is perfect.
• Currency where you need it. Rupees for the Indian side, converted for your side, with the exchange rate and its source stated.

How long it takes

Normally 48 to 72 hours from the site visit, once we have the basic papers. If it is urgent, tell us and we will treat it that way. For anything tied to a sale, start before you sign the agreement rather than after, because some of the biggest savings are only available in advance.

What it costs

It depends on the property type, its size and how far our engineer has to travel. Message us with the basic details and you get a firm figure before any work starts. No surprises later, and five percent off your first report.

What if the papers are missing

Very common, and usually not a problem. A deed from 1974 may simply not exist in the family any more. Records at the sub registrar office, property tax records and the notified rates for the area can normally fill the gap. Tell us what you do have and we will tell you straight away whether it is workable.

Questions people ask

What makes a valuation survive a court challenge?

Method shown on the page: which comparables, of what date, adjusted how, and what was actually inspected. A bare figure does not survive cross examination.

Which date does a court valuation use?

Whichever date the pleadings put in issue, such as the date of a disputed agreement, an encroachment or a notification. Ask your advocate before we start.

Can the valuer give evidence?

Yes, if agreed at the outset. Tell us early if the valuer who signs is likely to be required to depose.