I have a pond of forefathers but unable to get related documents. as surrounding people have started acquiring the property so want take step get it released by them.
requested your advice.
Asked 6 months ago in Property Law from Jaunpur, Uttar Pradesh
1) You can check the mutation records of previous 50 years in the tahsildar or collector office. Or try to get search report of last 70 years.
1)take search in sub regsitrar office and obtain copy of sale deed wherein your forefathers acquired the pond
Who has the possession of pound and its surrounding land now?
The evidence (Document ) is important for filing a case . So first Check the survey no. and trace out the present ownership of the land Take a Encumbrance certificate and check the village /in the tahsildar / collector officerecords
First of fall secure the permite of land by fencing or wall to secure peremiter from encroachment and put out a notice nearly said property. That property belongs to me and one encroaching shall be liable to be prosecuted under law.
Also if you donot have land related documents it will be difficult to sustain your claim. So first by survey number and khata number take certified copies of documents and land records from sub-Registrar/tehsildar office.
Than file.a suit for setting aside encroachment on your land.
1. If the pond was under your possession forlong and you have at leas few documents to show they it remained under your possession all along then you can file a suit for declaration and injunction.
2. Possession is 9/10 of title and hence you will have to ensure its physical possession .
3.if you can show you have better title than the neighbours or encroachers then the court would give you orde of injunction form further occupation by strangers.
1. Obtain Encumbrance certificate for the land in question from the jurisdictional Sub Registrar's Office, which gives the details of ownership of the property and if it reveals any of your forefathers' names as owners then you can take corrective action to secure your property.
2. Obtain Injunction order against the persons from the competent court not to disturb your ownership of the property.
You may get the documents of title from the tehsildar . The detail may also be find on the govt. portal having the details of all the land.
You need to check the same from the land records dept in your area. Once you get the same you can apply for certified copies.
Pull out the property title papers from the office of Tehsildar.
Once you have sufficient proof of title, seek an injunction against them by approaching the civil court.
Advocate, New Delhi
File a suit for injunction in the civil court on the ground that you have the possession of the said land.
possession is the nine point of law and in the mean time arrange for the papers from the sub-registrar office.
Advocate, New Delhi
First of all procure the document establishing your title to the pond property, find out who all have encroached and grabbed the property and to what extent, file a mandatory injunction suit to remove them from the encroached property and for possession.
Discuss with a local advocate at length and jump into the legal battle.