You have purchased plot in 2016

2) you ave to apply to survey office for demarcation of plot

3) if survey office refuses to do demarcation obtain court orders to direct survey office to carry out survey and demarcate your plot

4) don’t contact Aru legal heirs as they would claim rights on plots bought by you

5) you should file suit for eviction of encroachers from your plot

6) you should succeed in the suit

1) For Demarcation one should visit head office if demarcation which is located in capital city of your state. Or complaint regarding thus missing records in chief minister's office.

2) Here don't go in details for aru's records as time limits has been lost as per limitations act.

Just don't live possession of the plot whatever is in your hand.

3) For litigation purpose you can go in court for all the encroachment done to your plot from all side.

4) Make garden line on that naala or decorate them by small show case plants

1. Write to the collector for the order of the demarcation as according to the available records and maps,if the file is not available or not traceable then based on the documents available new map can be prepared,

2. See first of all in my view you have only the adverse possession of the property as if Aru POA was not there then title itself is not clear. So if the legal heirs are willing then they should sign a Confirmation deed.

3. See that we have to see after available documents and records.

4. See to remove naali you can give a legal notice and further if they donot stop then in that case a injunction order from court against said can be taken from the court.

Hi,

You may obtain the certified copies of the land records and then move to District Court for declaration and injunctions.

On the basis of adverse possession, you can claim absolute ownership and demarcation once ownership declared.

Declaration will be on the basis of long peaceful possession against actual owners and paying property tax etc.

1) if neighbours contact Aru legal heirs they can file suit to set aside sale of property in your favour

2) it would adversely affect your case

3) suit if any filed by encroachers would take years to be disposed of

4) neighbours cannot file suit for adverse possession

5) it can be only claimed as defence

6) you can not remove sewage lane

If other legal heirs execute relinquishment deed it would confer clear and marketable title to the property

2) you can then file eviction against encroachers

3) if th y have been in open , hostile uninterrupted possession for 12 years they can claim defence of adverse possession

4) in case sale deed in your favour is set aside you can recover money from sellers with interest

1) if you are claiming as owners of plot having purchased from seller s you cannot defense of adverse possession

2) if sewage line has been changed you can seek restoration of original position of sewage line

3) you should deny that defendant has been in open , hostile , continuous possession for 12 years

4) defendant has to prove adverse possession

1. How proceed with demarcation, is there no backup file in RI office or can that RI again cut maps of our area and make a new sheet of records of all plots under sheet 265?

When you knew that the property has been encroached by them what made you to to purchase the same especially when you are aware that they having political influence and they are very hard nuts to crack. Anyway you submit an application to the Tehsildar seeking the help of surveyor to survey the plot and fix the boundaries. Let them give reply denying your request, you may approach court seeking direction to the tahsildar for taking steps on this.

2. What documents should we collect from aru's legal heirs as aru died in 1987 and how?

What document have you collected while purchasing this property

Have you obtained all the property related documents from the vendor who sold the property to you.

Aru's legal heirs should produce his death certificate, legal heirship certificate, partition deed if any, the original parent deed of the proeprty and the tax receipts.

You have not mentioned whether you have obtained all the relevant documents from them while you purchased the property.

3. If we go for court case, is there any chance we could loose??

Why do you want to have negative thought even before trying for a legal solution, you may discuss with your advocate at length and jump into the arena.

4. There is a sewage line of both encroachers in between my plot. How can we proceed to remove that nala??

Please provide me detailed solution.

You can seek mandatory injunction seeking to remove this intruding naala pipe or sewage line, in the same suit.

Is there any rule that RI and patwari can prepare new Map of Area as per khasra record as it is 100% matched all dimensions.

That is not your problem whether he has the records or lost it.

You submit an application to the Tehsildar about this and seek his directions to the surveyor for surveying the property and mark demarcations as per your registered title document, if the Tehsildar is not cooperating then you may approach the collector seeking his intervention and relief.

If this is also not possible then you may file a suit seeking directions agaisnt the revenue authorities.

2) You all said that do not contact with aru legal heirs but what if our neighbors contacted them first. Also, whether that unclear title issue became negative point me at court or no?

It depends on the circumstances.

3) Since we have registered sale deed and encroachers has nothing, even those encrochers have no sale deed and they are still fighting case against college and lost 2 times as stated earlier. Will court take too much time for decision?? Can those neighbors also able to claim it through adverse possession?

Once you have approached court for relief, even if the disposal takes more than ten years they cannot claim adverse possession since you have already approached court of law for this.

4) Since Naali is flowing directly from our plot. Can we not able to remove it as someone said that it comes under essentials which can not be stopped?

It may come under essentials but it should not deprive your rights, let them make arrangement for this elsewhere. You can seek a mandatory injunction on this.

You have adamantly purchased the property which is under dispute.

You very well knew that the property has been encroached and occupied by the encroachers.

You also knew that the sewage line is going through the proeprty.

It is also not understood whether you were aware of the actual legal procedures or provisions while you bought the property from the vendor, that whether he has holding clear and marketable title to the porperty.

Now you want to fight against the encroachers, the government authorities and your own vendor for different reasons.

You are not even able to narrate what exact problem that you are facing so that a concrete opinion and best suggestions can be rendered.

However based on the information it is suggested that:

You file a suit for ejecting the encroachers and for possession of the encroached portion of the property.

In the same suit you seek mandatory injunction to remove the sewage line passing through your property.

You can seek direction to the Tehsildar to get the land/property surveyed through the government surveyor.

You can also seek to appoint an advocate commissioner to inspect and measure the suit properties and to mark the boundaries.

You have to discuss the issues at length with your advocate on all such further issues.

All dimensions including my and adjacent plots are matching.Is there any rule that RI and patwari can prepare new Map of Area as per khasra record as it is 100% matched all dimensions

They cannot do that on their own or other than an order by a court.

2) you said that if aru legal heirs contacted by my neighbors, then my sale deed may declared null n void.but still in that case, we also can get benefit of adverse possession considering we are living here since 1950s?? Am I right?

No, you are wrong, a tenant cannot claim adverse possession and perfect his title on that basis.

3) you have said that sewage lane can not be removed. But since that sewage lane made forcefully so that it won't pass through or even near to their part of house, it was passing through somewhere else in past just 31ft parallel to our land.but now it is passing from inside our house n land. Isn't that illegal and shifted back to its original position?

It can be removed by an order of the court, so dont be worried on that.

4) What is the procedure/remedy by which we can defeat adverse possession, or any way so that those encroachers won't be able to use this option.

There is no adverse possession for the encroachers nor for you.