In the facts of the case you must file a suit for injunction along with interim relief of temporary injunction against the neighbours. You can also file a case of criminal trespass and intimidation against him.
Illegal possession of land by neighbour
We belong to ST category and we are 3 daughters to my father. we had kumki land of 1.61 acres and we are living for about 3 years there. Recently we got registration(RTC) of that land in the name of my father. After RTC is done, we started JCB work in that land for planting areconut trees. But our neighbour is claiming that the land belongs to him. If we goto police station, police asked us to stop the work until everything is cleared. Now my question is how can we stop him from coming to us? can we put complaint against him by sc/st propert illegal pocession? can anyone please suggest me how to go forward. Thank you in advance
Asked 6 years ago in Property Law
Religion: Hindu
11 Answers
File suit seek court orders restraining neighbour from disturbing your possession of land
2) also declaration that father is absolute owner of land
This is a civil matter. Police has nothing to do with this matter. Hire a local lawyer dealing with civil matter. File a suit for permanent injunction restraining your neighbour from interfering in your land. During the case, first obtain interim relief till pendency of suit and thereafter permanently. Show a copy of stay order to the police and police will not interfere in the matter.
Through what mode father have acquire land. If you have sale deed, why worry. Let him call police or you can call police for creating obstruction in your land.
Police has no role in such matters, on the contrary you can file case agasint him for obstructing construction and complaint under SC/ST act for intimidation and trespass.
This is my response to you:
1. If you have gone to police then file an FIR or at least an NC complaint.
2. Firstly ask the tehsil office to resurvey the land;
3. Then you can Send this neighbor a legal notice;
4. If he does not obey then approach the court with civil case and file a complaint;
5. If the matter does become violent then you can use the atrocities act;
6. Consult a local lawyer and take necessary steps.
Dear Madam,
RTC is the strong document to prove your legal possession. It being a civil case you can get injunction order against him. Parallel to that you can file a criminal complaint against him. Nothing to bother.
See if they threaten file a complaint before the police under SC and ST act further approach the SDM to seek injunction against said person.
you can proceed against him by filing suit for declaration and permanent injunction, contact local property lawyer.
Police can't stop work it's civil matter. They can only stop work through some stay from court.
You may approach a civil court with a permanent injunction suit
In that you can mention about the encroachment made by him and the trespass activities.
You can also file an interim injunction application for restraining him from interfering in your possession and enjoyment of the proeprty till the disposal of main suit.
In the same suit you can also seek possession of the portion of land encroached by him.
Dear Client
You can stop him by filing a suit for permanent Injunction and declaration suit against your neighbor who is claiming the property to stop interference as the land belongs to your father.
And also you can lodge an FIR for criminal Trespass on your neighbor
