• Encroached property

Hi All,

I have purchased property in 2016 from two of my relatives in Andhra Pradesh, in two bits first one 3.14 and 3.99 total amounting to 7.13 Acers, for which registration has been done, i have availed a crop loan for the said property and also have got property valuation through a local lawyer to avail the crop loan which exceed more than 3L, However now revenue department has come back to me stating that 40 years back they had assigned the land to others and layout map is there in the FnB book. But when i checked with my relatives from whom i got the property they said they have not got any compensation nor any Land acquisition bill was passed on that land.

Currently have approached collector and have informed about the same, awaiting for the report from MRO now.

Let me know what should i do in such case or how can i fight legally and this sorted out on a priority basis. 

Your suggestions and inputs would be highly appreciated thanks Eshwar
Asked 5 years ago in Property Law
Religion: Hindu

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14 Answers

Hi , if the claim of the revenue department is true , then you have to file a criminal suit against the persons from whom you have bought the land .. In addition also file a suit for recovery to recover the amount that you paid for the land

Hemant Chaudhary
Advocate, Gurgaon
4626 Answers
67 Consultations

4.9 on 5.0

Well,unless and until the land was acquired after publication of Gazette notification you are not affected by the alleged acquisition.

So check this information and wait for the result.

If it was indeed acquired then the previous acquisition has lapsed since no physical possession of the land was ever taken by the givt.In that event you can apply for de-requisition which can be allowed or not.

If no de-requisition is allowed then the govt.will acquire the land afresh under the present Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement Act ,2013 and will waard with the adequate compensation.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
408 Consultations

5.0 on 5.0

In case the report of the MRO clears the air of confusion and settles the dispute by way of confirming your title over this property, well and good. If not, you will have to file a writ petition in the Hyderabad High Court and seek appropriate relief so that your possession is not disturbed and interfered with by the State.

In any view of the matter, in terms of section 24(2) of new land acquisition act, this land is to be released, even if it is presumed for a minute that the same was acquired, for the reason that it's possession is still with you.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

File declaratory suit that you are absolute owner of property

2) seek orders to direct revenue authority to carry out mutation of land in your favour

Ajay Sethi
Advocate, Mumbai
89045 Answers
6352 Consultations

5.0 on 5.0

Dear Client,

If the land was assigned to others 40 years back than how the possession was rest with ur relatives ?

Let collector order came.

AND -- But when i checked with my relatives from whom i got the property they said they have not got any compensation nor any Land acquisition bill was passed on that land.

Was in relatives knowledge above fact ? Possibly they might cheated n u intentionally conceal the above facts.

Rest can be advise on perusal of documents, ,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You are not effected until and unless the your land was acquired following the due procedure of law. You may please wait for the report of the collector.

File a declaratory suit to obtain a declaration that you are the absolute owner of the land.

Do not worry till the time you in possession of the land.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

once again verify with your seller that they had not received any notice and/or compensation from the Govt. for acquisition of their land. if possible request them to provide a declaration in this regard.

as the govt. had not paid any compensation the acquisition is not valid.

if the govt. claims that they made requisition notice over the land then also it is not valid as the govt. had not taken possession of the land for last 40 years upon payment of compensation. so the said notice become infractuous in the eye of law.

then also if the govt. did not show any interest to release the land, you may move a writ application to the High Court for compensation at the rate of current valuation or the land as you think best.

there are so many judgement of Supreme court in this regard.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

File a case for injection for not to disturb your peaceful possession and enjoyment of the property against the revenue department and your seller sighting all the facts mentioned by you as above.

Take all the information required to check weather the land is acquired or not from the commissioners office.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

Firstly, obtain the revenue records from the concerned revenue office in respect of above land. Have you received any notice from revenue department stating your land as assigned land, if yes then file a Writ petition before Hon'ble High Court to cancel the notice as illegal and not binding on you and also pray the court to verify the records and if necessary order for survey of land.

Vijay Jogle
Advocate, Hyderabad
23 Answers
1 Consultation

5.0 on 5.0

File A suit for injunction In jurisdiction court asking the court to restraining the officials from interfering in your peaceful possession and enjoyment...

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You must attended the hearing and furnish documents relied upon you

2) better engage a local lawyer and take him along for personal hearing

3) submit your written submissions

Ajay Sethi
Advocate, Mumbai
89045 Answers
6352 Consultations

5.0 on 5.0

Appear before the MRO and take all these contention of notification with regards to acquisitions, and ye syou can get the mutation done

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

Currently have approached collector and have informed about the same, awaiting for the report from MRO now.

Let me know what should i do in such case or how can i fight legally and this sorted out on a priority basis.

Your suggestions and inputs would be highly appreciated thanks Eshwar

If you have been issued a notice to vacate the property by the authorities concerned, you first approach the vendors ascertain the true facts involving the property prior to their possession, collect all the documents of their possession and enjoyment for years, approach the court of law with a suit for permanent injunction restraining the authorities from indulging in such activities which would be detrimental to your interests in the land which was purchased by you by a registered sale deed.

Consult a local advocate and file the injunction suit and get an ad-interim injunction on the same lines till disposal of the suit as an interimm relief.

T Kalaiselvan
Advocate, Vellore
79208 Answers
1614 Consultations

5.0 on 5.0

On being summoned to appear before the Tahsildar in this regard, you may call on his office ion the said date and timings.

You may explain your side justice and seek their intervention and remedy thereon based on the genuineness of the documents held in your possession.

You can ask your advocate to accompany you to the Tahsildar's office to speak on your behalf.

If the talks fail then you may approach civil court with a suit for permanent or mandatory injunction.

T Kalaiselvan
Advocate, Vellore
79208 Answers
1614 Consultations

5.0 on 5.0

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