We have a vacant plot of land bought many years ago. The land does not have boundary wall. Due to various preoccupations, we could not find time to construct the boundary wall. Recently, one person made false documents of the land and is claiming that the land is his. His documents are very poorly made. Our documents are genuine, we have got holding number for the land and even as per revenue office records, the land belongs to us. Earlier he also filled some soil on our land and we gave FIR. Then he stopped. Recently, we got written permission from municipal board to construct boundary wall. We started the work but this person is preventing us. What should I do? If a case is filed, how many months will it take? I am very sure the land is in our name but this person is creating nuisance.
1) file police complaint against said person for criminal intimidation under section 506 of IPC
2) file declaratory suit and seek interim orders to restrain person from creating obstacles in construction of boundary wall
3) you should get interim reliefs in 3 months or so but suit may take years to be disposed of
File a case before anti land grabbing cell. File a cheating, forgery and intimidation complaint .
Is filing a declaratory suit possible now if a case {under land grabbing (prevention) act} has already been filed at munsiff court and has dragged for a long time?It is necessary to peruse reliefs claimed by you in munsiff court
You can file declaratory suit that you are absolute owner of land
Firstly, file a FIR that showing some more wrongful acts by that person.
Secondly, and file suit for permanent and temporary injunction along with the declaratory suit.
1. The man is attempting to usurp your land. The documents have been forged with this ulterior motive.
2. Immediately file a suit for declaration of title and permanent injunction and seek temporary injunction therein against this man to restrain him from dispossessing you from this land.
3. Filing of a criminal case under Land Grabbing Prevention Act does not preclude you from adopting your remedies before the civil court.
hi. since the land belongs to you ,why are you filing suit of declaration..let him file if he claims the land.it is advisable to lodge a FIR for criminal trespass against the person
Seek an injunction against this person so that he be restrained from interfering with your user and possession upon your land. Also, seek a declaration as to your title upon the land in question.
Also, lodge a FIR against him for forging documents, fraud and cheating.
Instead of filling declaratory suit, file FIR u/s 467. 468. 471 Indian Penal Code.
U have papers, what need to get court declaration ?
Dont allow that person to prevent you from constructing the proposed boundary wall, you can lodge a police complaint against his illegal act.
You can also file a permanent injunction against him, seeking to restrain from interfering with your possession and enjoyment of the property.
Besides, you can take the help from local people.
Is filing a declaratory suit possible now if a case {under land grabbing (prevention) act} has already been filed at munsiff court and has dragged for a long time?
You can file a petition to amend the plaint by which you can seek additional relief of declaration
You may be willing to pay court fee if the court accepts the same