• Advice needed

I have property (land) in Goa. i am in possession of the land since liberation of Goa in 1961. The Survey records and Revenue records are in my/ father,s name from last 45 years. I dont have preliberation documents of the land. We also fought a Tenancy case for 8 years from 1981 to 1988 with a person. The order is in our favour. Now suddenly one fellow is trying to fight and encroach some part it saying its Communinad (Government ) property and he holds right of the same. Can his claim stnd in the court and can court accept his claim?
Asked 6 years ago in Property Law
Religion: Hindu

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10 Answers

1) his claim would not stand legal scrutiny

2) survey records are in your father name for last 45 years

3) burden of proof is upon the claimant

4) file complaint of criminal trespass against person trying to encroach on your property

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Litigation is long drawn process

2) court would not grant him any interim reliefs if he fails to make out a case

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Hello sir , the court has already passed a order in your favour .. Firstly , you don't have to approach court as he is not claiming to be his property, but as the property of govt... It is a case of criminal trespass into your property .. Lodge a police complaint against the individual , and show them the order passed by court in your favour .. The action of police is immediate and effective

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Sorry there is no law in nay country where on the very first day the case would be dismsised.

Te time of trial of a case differs in every country but disposal one day is nowhere to be found.

Yes,you can will have to file a suit for declaration and injunction in court and thereafter you will have to wait till the court passes final decision.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

Hello,

In your case the burden of proof is on the complainant to claim any title since the title report/ survey record is in your father favor therefore the case is not legally viable and will fall subsequently.

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Also it may be noted that the court will not pass any interim order if the complainant fails to make out a good case for him.

You may file a caveat in the court, if you want that you are intimated when the case is filed in the civil court.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

 the property is in your possession since the Inception of the state of Goa. In this conditiont no one can challenge your title over the property on the basis that it is government property. you have been in possession of the property since 58 years  without receiving any Notice from the government that you have encorched upon the government property.

In this condition you have to file a declaration suit and permanent injunction from that person to interfere in the Peaceful possession of the property. When the court grants permanent injunction then no one can challenge your right and title over the property.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. If he is attempting to trespass into the land then firstly file a suit for injunction to restrain him from dispossessing you of the land. It will be a long drawn legal battle for you to recover the possession thereof if he dispossesses you.

2. As of now he has not filed any case in the court. Once he files it you may contest it on merits.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The Tenancy case fought and won in your favor should support your views or possession and title.

Have you made the objections and the written statement denying his allegations?

You can bring to light the documentary evidences supporting your claim and fight against his claim.

Without seeing the papers by which he claims title, no comments can be offered however if your contents are to to be taken as fact, you have bright chances to win provided your advocate presents the arguments in this case in a proper manner.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

In India it takes years to get justice. Can any thing be done in this matter to dismiss it in the first hearing itself if he tries to take it in the court ?

You are living in India hence you should cultivate the habit of observing patience.

The delay in disposing any civil litigation is because of various factors.

The courts cannot function the manner as depicted in Television dramas.

The procedures shall have to be followed in each and every case, hence you may have to wait for the proceedings that takes place in the court in the course of this litigation.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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