• Land dispute

Sir,
I purchased a land on 2008 at my native place(Odisha), and working in AndhraPradesh. Due to some unavoidable reason i didn't able to construct boundary on it. In 2015 when i thought of constructing boundary, i found that one person is constructing house on half portion and another person has laid foundation on another half portion of my land. After my objection they stopped construction. After discussion and arguement they agreed to solve the matter by calling the owner(seller) to identify the land. All we three are having patta. I purchased from the elder brother on 2008 and the remaining two persons have purchased from younger brother on 2010 and 2012 respectively with specified plot number, which can be seen online also. So it is cleared that all are having land.Thing is that both persons are claiming their land on my land.About my land i have already demarcated my land by Tahasildar and have taken all the document details including original  consolidated maps, which i cross checked with other private Amin also and found to be correct. Repeatdely i am telling them to get demarcated their land and resolve the matter by sitting together. Whatever the matter, now both the persons either thinking that as they spent money by constructing house, or by listening other not to leave as i am working in Andhra Pradesh, recently they have filed civil suit against me and the same they informed me also as warning. Now i am under confusion that on my land they constructed taken place and i am getting warning of civil suit. Please guide me what am i supposed to do. Moreover i belong to scheduled caste and the remaining two persons are from general caste.I heard that if civil suit is filed, it takes long time to resolve the matter, please guide any other option also to solve the matter.
With regards,
B R S K SETH
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

Yes, it takes time but I must tell you one thing that you are at safe end as property was first purchased by you.

Try to have an advocate who has good over these issues.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can also consult

Me for further assistance through Kanoon till the time you find any advocate there.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You have not received summons from the court???

Firstly file a police complaint of encroaching and treaspasing agaisnt said person based on your documents and make a boundary to your land.

Any obstruction seek police help.

Further file a suit for restraint them to enter you premises as you have registered deed of sale prior to them and area is demarcated also revenue records are in your favour.

In case of any obstruction or anything file further FIR under ipc and protection of schedule caste and schedule tribes from atrocities act.

They will corporate you once you are in control of situation resolve the matter and make a registered document recording your portion .

Also when in case they have filed a suit file a reply to it and also file and application of order 7 rule 11 for rejecting plaint as you have specific documents registered for property and it was mistake or will ful act to grab your land so there plaint won't sustain

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
135 Consultations

5.0 on 5.0

1) file suit and seek court orders to direct your neighbours to demolish construction done on your land

2) rely upon consolidated maps in your possession , report of Tehsildar

3) pending hearing and final disposal of suit seek orders restraining them form disturbing your possession of land

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
82706 Answers
5254 Consultations

5.0 on 5.0

Institute a civil suit coupled with an application for appointment of survey passed commissioner for identification of land. Make all persons parties. Depending on the outcome, you have to file another suit or amend that suit itself for recovery of money of proportionate ratio

Sourav Kumar Mukherjee
Advocate, Kolkata
12 Answers

4.0 on 5.0

You can produce the same before said court and get the suit dismissed. You have all the evidence and documents for the said issue. Present it before a court through a civil lawyer.

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

Hello,

Definitely if a civil suit is filed then the same will take years to get decided.

By agreeing among yourself you may appoint someone as an arbitrator who may then decided upon your rights in detail.

regards

Anilesh Tewari
Advocate, New Delhi
17868 Answers
325 Consultations

5.0 on 5.0

Since they have already approached court with a suit you have no option than to challenge their case properly on the basis of documentary evidences and merits in your side.

In the same suit you can make a counter claim for the relief of mandatory injunction to dispossess them from your property and to demolish the structures built in your vacant site.

You can file a separate suit also seeking your own reliefs to eject them from your property and for possession.

Dont file a suit for declaration of title since you have purchased the property in the year 2008 very well before them.

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

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