• Land grabbed and made document through registrar office

Dear Sir/Madam,

1) A person grabbed a part of my land and constructed road to his property that had only a footpath. This was done while I was away and I came to know it now, that is after five years.

2) Now is claiming that recently he got the documentary right on the road from the registrar office and he showed that documents wherein it is stated that he has 10 feet road access.

3) I have original documentary proof that there was no road except a footpath before. 

I would greatly greatly appreciate your kind advise on how to move to get back my land.
Asked 7 years ago in Property Law
Religion: Muslim

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

6 Answers

1) easmentary right of necessity can be claimed by neighbour if he had no other access to his land

2) Section 13 of the Indian Easements Act deals with easement of necessity An easement of necessity means an easement without which the property cannot be used at all. Mere convenience is not the test of an easement of necessity. It can be claimed only when there is absolute necessity for it, i.e. when the property cannot be used at all without the easement and not merely where it is necessary for its reasonable, or more convenient enjoyment. A man cannot acquire a right of way as an easement of necessity, if he has any other means of access to his land however more inconvenient it may be than be passing over his neighbours.

3) however no such orders could have been passed without issue of notice to you

4) file an RTI application with regsitrar office as to on what basis access right of 10 feet road was granted

5) based on reply received further course of action can be suggested

6) you can file writ in HC to set aside order passed by regsitrar office without granting you personal hearing

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. Lodge a police complaint against him for having taken illegal possession of your land to illegally construct road thereupon.

2. File an application praying for an order restraining him in entering in to your land on which he has illegally constructed the said road.

3. File a declaratory suit praying for a declaration that there was a footpath only at that site and he has illegally constructed the said road by grabbing your land for which police should act as per law.

4. If police fails to take any action after receiving your complaint, you can also file a Writ Petition against police inaction praying for relief.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. this illegal act. registrar has no such right to legitimize an illegal act.

2. you should file a civil suit for permanent injunction and compensation against that person.

3. easementary right is also not accrued because only five years have elapsed, you should file such civil suit ASAP

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. in permanent injunction, the court shall pass a decree and prevent him to interfere in your land.

2. he has been taking illegal possession over your property for five years therefore you can claim compensation as mesne profit.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Hello,

To answer this question more appropriately it will be appropriate to tell me that the to which State of India the land belongs to, because the procedural law / substantive law differs from state to state; also generally in such kind of cases you can move a suit before the Lower Court for enforcement of your right.

In case you want any legal help at any point of time you can contact me on +91 or you can write a mail to me at .

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Hi

it is a case of forgery and fraud played by the person on you and comes under land grabbing act.

Technically to convert a foot path in to road, the authority vests only with the panchayat / town planning engineer and the process is quite elaborate such as drawing master town plan road detailing arterial roads, main roads etc.

So, it appears that the person has just taken advantage of your absence and has laid the road on your property.

What needs to be done next?

1) First file for a field measurement sketch survey at Mandal revenue office .

2) Take a certificate from Mandal revenue office of the extent of land encroached by your neighbour.

3) file a complaint against the person with the collector / municipality/ panchayat and block the access to road by fencing the entrance to the road.

4) Since the road is a public utility, the collector/ municipality will cancel the encroachment and redeem the land back to you.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer