Hi, my family has a piece of land in my village that has been illegally taken away by a person. I was told by my father that my family has fought three cases in local courts (patwari level) and every time decision was in our favour. This was long back during my grandfather's time. But due to unfortunate events my family fell on hard times and we were not able to protect our lands, subsequently people pushed their boundaries into our land and cunningly took away a lot of it, the aforementioned piece of land being one of them. My village is an upcoming tourist destination and this piece of land is located in very prime location. This person has built a hotel on our land. How should I proceed to get back my land.
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1) issue legal notice to encoracher to vacate possession of your land
2) file suit for eviction of trespasser
3) if you are the owner of land on what basis was he granted permission to build hotel
4) complain to authorities to cancel registration of hotel
5) also file police complaint of criminal trespass under section 441 of IPC against encoracher
Please pardon my ignorance, referring to point 1, how is legal notice issued? Who should I approach?where is the legal suit filed? And who are the authorities you are referring to in point 4 for cancelling hotel registration and where do I find them? Is this a messy case that will take years to resolve. I have a typical conservative family that is too shy to get involved in legal disputes. But I don't want to give up without trying. And what should I expect after doing what you advised?
1) contact a local lawyer to issue legal notice to encoracher
2) suit has to be filed by you in district court
3) for constructing , running hotel you need permission from muncipal authorities. the plans for construction have to be approved by muncipal corporation or gram panchayat
4) the encoracher must have manipu;lated records to show he is the owner of land . constructed hotel and obtained license for running the hotel
5) file RTI application as to on what basis permission granted to hotel owner to carry on construction and for running hotel
6) contact a local lawyer . the hotel owner will settle with you if he has forged your signatures and illegally constructed hotel
1. In these circumstances you should file a civil suit for recovery of possession of land from the trespasser. Simultaneously, file a criminal complaint for criminal trespass against the trespasser.
2. File a complaint to the corporation for cancellation of the registration.
You should be having the document to prove your ownership of the property, if not apply for certified copies of the same from the concerned authorities.
After that you may file a title declaration suit and also for permanent injunction suit and for possession before the territorial jurisdiction court.
Consult the matter at length in person with a local advocate and decide the next course of legal action in this regard
referring to point 1, how is legal notice issued? Who should I approach?where is the legal suit filed? And who are the authorities you are referring to in point 4 for cancelling hotel registration and where do I find them? Is this a messy case that will take years to resolve. I have a typical conservative family that is too shy to get involved in legal disputes. But I don't want to give up without trying.
For issuing legal notice and filing a suit subsequently and for all other legal issues, you may consult and discuss with an advocate in the local and get the issues clarified.
The court case may take years for disposal.
You have to discard conservatism if you plan to succeed in the court case.