Sir file a suit for possession and permanent injunction again them for your share as the share is properly divided the person has illegaly possessed and enchroached your property so file a FIR on same file a civil suit .
Dispute for property possession
As I have sold property measuring 3 acres from different khasra numbers and given possession from different place. But the purchaser has possessed more than 3 acres from such share and now threats me to get out from such remaining peace of land.... What legal steps would I take against them to get back my remaining peace of land from them which is presently under their possession.
Asked 7 years ago in Property Law
Religion: Sikh
8 Answers
You have to issue legal notice to purchaser to vacate excess portion in his possession
2) if he refuses file eviction suit against him
3) you should get survey of your land done demarcation of boundaries of your land
You can file a civil suit in the Civil Court for the measurement of the land as per the khasra numbers and claim the excess land which is left out of sales as per revenue records.
Purchaser can claim only the share mentioned in Sale deed. If he is forcefully taking possession of other part then you can file suit for tresspass and permanent injunction against him.
Under Section- 5 of the Specific Relief Act, a person who is dispossessed of his property can get possession by title.
Under Section- 6 of the Specific Relief Act, a person dispossessed may recover his right merely by proving previous possession advocate. Subsequent illegal dispossession.
Section- 145 of the Criminal Procedure Code lays down procedure where dispute concerning land or water is likely to cause a breach of peace.
A person who realizes trespassing or illegal dispossession can file a written complaint with the police against it.
A written complaint can be sent to the Superintendent of Police (S.P) of the district where the property is situated by way of registered post or by visiting the concerned police station.
In case the Superintendent of Police fails to acknowledge the complaint, a personal complaint in the concerned court can be filed through an advocate
Hello,
Send a legal notice to him.
Thereafter file a suit for injunction to leave the unauthorized area occupied by him.
regards
Dear client,
Better file police complain of encroching your land. Civil case takes time and litigation cost.
1. You can file Criminal complaint (FIR) with the local police station, for intimidation and trespassing on to your land by the other person.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Keep Smiling .... Hemant Agarwal
