Dear Sir/Madam, My father bought a land in Bihar in 1987 through one of the co-operative society functional at that time (Now closed). I have been paying all the taxes of my land on time. I never tried to put fencing on my land. I do not stay in Bihar. Last year I went to my land and to my surprise there was fencing all over. I was not able to find even a single inch of my land. I have tried to approach my neighbor land owners, but could not get anything. The land is total 8847 sq ft (approx) out of which my area would be approx 1700 sq ft. Total land is distributed among six or more land owners. 5 of them have put demarcation on the land and rest was left for the road. So technically my land falls into the road. I have been paying taxes for the land which is road. I don't know what to do. So I decided to go through legal ways. For the same I have given application to the CO and DCLR. Kindly help me with the next step which I need to follow. Do I need to file an eviction suit or FIR. I have no knowledge in this field. Kindly guide me With Regards, Bhaskar Srivastava +[deleted]
Hi, you have to file a suit for deceleration and possession of the property before the District Court.
2. You have to make an private surveyor to exactly where your land is situated and thereafter file a suit for deceleration and possession of the property.
Hi Pradeep, I already took a private surveyor to locate my land. But the problem here is in my deed and everybody else deed it is mentioned that there is society road facing north. My neighbors have presumed that there is a 12 ft society road and took the possession accordingly. Now if you exclude that land there won't be enough land left for all of us. Kindly suggest Regards, Bhaskar Srivastava
1) the sale deed must be mentioning CTS survey number of your land
2) sale deed contains schedule of the property wherein detailed particulars of land are mentioned
3) you have to make application to authorities for demarcation of land followed which survey would be carried out in your presence
1) you don't have to file any eviction suit
2) wait for demarcation of your land and then take legal proceedings based on legal advice
Hi Ajay, The sales deed mention everything clearly accept about the society road. I already took a private surveyor to locate my land. But the problem here is in my deed and everybody else deed it is mentioned that there is society road facing north. My neighbors have presumed that there is a 12 ft society road and took the possession accordingly. Now if you exclude that land there won't be enough land left for all of us. Kindly suggest
Hi, pls check the layout plan what it will say and after that if you are not able to trace out the land then you have to file suit for deceleration and possession of the property.
1) instead of private surveyor approach the authorities for demarcation of land . As per sale deed your area is 1700 square feet out of 8847 sq feet of land
2) let survey be carried out for demarcation of your boundaries
3) sale deed appears to be badly drafted as schedule does not contain complete details
4) contact a local lawyer
1. Your case is that the land in entirety has been fenced in a manner that the neighbours have taken possession of your land under an impression that there is a 12 ft road.
2. The legal recourse for you is to file a suit for eviction against them.
3. Prior to filing the case you may issue a lawyer's notice to them to give them an opportunity to rectify their mistake.
1. FIR is not made out in your case.
2. Issue a lawyer's notice to the other neighbours. If it proves futile you can go to court.
The private surveyor may not be able to locate the landed property due to lack of revenue records. You must approach the Tahsildar or the Revenue department, apply for survey of your land by the government surveyor with the help of the village administrative officer.
The government authorities will be able to locate and survey the land by clearly demarcating the boundaries too. Once they identify your land properly and if that land is occupied by a third party, you may approach civil court for eviction and possession.
1. You have the schedule of the land mentioned in your sale deed,
2. Get your property located by conducting a survey through a Govt.Registered Amin,
3. After that lodge a police complaint for illegal trespass in to your land under copy to the local S.P.,
4. File an application u/s156(3) praying for a direction upon the police ro investigate and act based on your complaint,
5. If the police still fail to act, file a Writ Petition before the High Court against police inaction,
6. You can also file an eviction suit against the person who has occupied your land.
1. The proposed road should have been specifically earmarked in the sale deed with the help of site plan,
2. In absence of ear marking the road specifically, your land can not be taken away and used as path,
3. Act as advised in my earlier post.
1. There is a road as mentioned in the sale deeds but it has not been specifically mentioned or ear marked in the sale deeds or in the site plan attached therewith,
2. No body can presume where the road is supposed to be and attach someone's almost entire land,
3. Act as advised in my earlier post for the relief.