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  • Safeguarding the property

I have a plot of 500 Sq Yards in Hyderabad outskirts. It was gifted to me by father 38 years ago when I was a minor. I just happen to see the sale deed after so many years. My Father passed 15 years back. The sale deed was from the year 1978. I immediately applied for EC and saw that my name is 
still there as the owner. But here comes the problem:
1. Since its been long time, there is one person who is overlooking the lands in that area and he is threatening me to sell for low price.
2. He has the backing of Sarpach who himself wants to buy the plot. They are saying the Layout has double registration and political leaders are eyeing that area. So, that person is saying better to sell now as its in litigation and there is no much increase in property.

Need help:
1. How do I safe guard my property if I dont want to succummb to that person pressure.
2. I saw the layout, but dont have an idea where is my plot. There is no markings to identify the plot. the persons there managing are refusing to allow anyone to come and see the property. How do I know/process to identify the property.
3. Can I take loan on that land so that bank will also come into picture.
4. Through legally, what can I do to safe guard.
5. if at all some person constructs on my land, what can I do and before this can happen, what can I do to prevent.I have a plot of 500 Sq Yards in Hyderabad outskirts. It was gifted to me 
by father 38 years ago when I was a minor. I just happen to see the sale deed after so many years. My Father passed 15 years back. The sale deed was from the year 1978. I immediately applied for EC and saw that my name is 

still there as the owner. But here comes the problem:
1. Since its been long time, there is one person who is overlooking the 

lands in that area and he is threatenning me to sell for low price.
2. He has the backing of Sarpach who himself wants to buy the plot. They 

are saying the Layout has double registration and political leaders are 

eyeing that area. So, that person is saying better to sell now as its in 

litigation and there is no much increase in property.

Need help:
1. How do I safe guard my property if I dont want to succummb to that 

person pressure.
2. I saw the layout, but dont have an idea where is my plot. There is no 

markings to identify the plot. the persons there managing are refusing to 

allow anyone to come and see the property. How do I know/process to 

identify the property.
3. Can I take loan on that land so that bank will also come into picture.
4. Through legally, what can I do to safe guard.
5. if at all some person constructs on my land, what can I do and before 

this can happen, what can I do to prevent.
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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9 Answers

1) construct boundary wall around your land 

 

2) post security guards on your land to guard your plot 

 

3) install cctv cameras on your plot 

 

4) apply to survey office for demarcation of your land 

 

5) take bank loan for carrying on construction on your land 

 

6) if any encroachment are done on your land file complaint of criminal trespass against trespasser 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You first file a suit for injunction do that no one can sell or create third party rights. If any political party interference is seen file Writ Petition in HC and seek directions

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. See you can file for demarcation of your plot through.the revenue office and can file for permanent injunction against the said person.

Further once the plot is demarcated make boundary wall along with the notice that you are owner of said land.

2. You can identify the property based on the description .in the sale deed.

 

3. If bank gives loan on same you can take loan then it would be secure after that.

4. You can get land demarcated and take permanent injunction against said person.

 

5. You need to approach court now for possession of your land and demolition of construction.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

  1. Don't succumb to any pressure. This is the first and most important piece of advice. 
  2. For threats, file police complaint. 
  3. Also file a police complaint for criminal trespass, if any attempts are made to encroach upon your property by way of any illegal construction. 
  4. To know details of your property, plan, layout etc. approach the tehsildar/district collector office 
  5. In case some entity has taken physical possession illegally, file a civil suit for eviction. 
  6. I'm prepared to represent you in court in all civil and criminal cases related to this. Provide me your contact details so the I can get in touch with you. I will be giving you appointment at my office for exhaustive consultation regarding this matter

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

1. You can build a compound wall encircling your property at least by a barbed wire fencing.

Dont get scared by the threats posed by such elements, you remain stubborn and strong against all pressures .

 

 

2.  You can take the help of the revenue department to survey and mark the boundaries of your property, you should submit an application to the MRO office in this regard.

 

3. You can.

 

4. File a mandatory injunction suit against the said people restraining them from interfering in your possession and enjoyment of the property.

 

5. The injunction suit will provide shelter to you to safeguard your property.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. First try to take physical possession of the property which would take you to most comfortable position to strike out a deal as per market price. Now if this not possible then you will have to file a suit for declaration, injunction and for recovery of possession.

2. Take the help of a police and visit the place. You can get an order of injunction as well to get free access to your own property.

3. Yes, you can secure loan by mortgaging the property which is a good idea as in that case in default of loan the bank can attach your property to recover its loan.

4 & 5. The advice is same as above.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

  1. As per the information mentioned in the present query, makes it clear that the property was gifted to you by your father.
  2. And there is a sell deed which now you happen to come across, but I believe that sale deed also does not create title in the anyone else favour but in your father’s that is why he gifted to you, and that is why since so long nobody come to prove their right over the property.
  3. You please, make an application to the Tehsildaar for the demarcation of your plot as per the sale deed.
  4. If he doesn’t do that then even without getting demarcation, you should file one criminal case agaisnt those who are trying to gra your land plus a civil suit seeking injunction including the application for direction to the Tehsildaar for demarcation.
  5. You please, don’t get worried about anything now, as you have moved to the right forum for legal advice.

God Bless You...!

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Sir,

Get issue a legal notice to that person or directly  file a injunction suit in Civil  Court restraining him to that property.  In the meanwhile take a bank loan on that property. To identify the plot to contact the surveyor of concerned department. 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

As long as the property on your name, no need to worry. Pull on more time.

You can take help from private land surveyor, he can mark your property

Your land is approved layout, you can apply for loan, so bank identify the land 

Even someone constructs, good for you as you get the building free of cost

 

 

 

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

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