• Encroachment of land

1.We purchased some 2500 sqft of land from co-oprative society in darbhanga in 1996. The land was full of water until 2013-14, so exact measurement and boudary wall was not prepared. Although, mutation alreday done in 1998 and we have been paying tax to government every year.

2. Around a year back, when we went to the site, it was found that other purchaser have enclosed their land with brick wall sometime in 2016-17 and in that process they have encroached my land from three sides. So my land is, in effect, non existent at the site as others have encroached / occupied probably to fulfill their requirement as per their registry paper ( even more also but not sure at the juncture). This has been reported by sarkari ameen through his report ( in response to our request in CO office to measurement of my land)

3. We are also not sure that whether the secretary/chairman of the co-operative society has sold more land than what physically that society possessed. This may lead to encroachment by earlier purchaser also as each purchaser will try to take possession of land and the last one will be left with only paper but no physical land. currently as per ameen's report, my land is encroached by my adjacent owners and their lands are encroached by their neighbors.

4. Now can I file criminal case as I do not want to venture in title suit as it takes longtime? If I file criminal case then I have to do against each neighbour? Or else can I file forgery and criminal case against the secretary of the co-operative society who was also one of the tho person signed registry document in 1996 ( second person already expired) for giving me possession of my land as per the registry paper?

5. What other remedies are available and whom to approach in Bihar with Ameen's report to resolve it in time boud manner. My parents who are owner of the property are senior citizen.Can I go to any administrative/police authority or can i file case at DCLR court. Can Circle officer/DCLR be effective in removing encroachment.
Asked 6 years ago in Property Law
Religion: Hindu

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8 Answers

Just file a poli


Just file a police complaint for encroachment and leave the investigation to police. Of course you must appoint a watching advocate when the police prosecute the offenders in court

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

File police complaint of criminal trespass against your neighbours for having encroached on your land 

 

2) file suit seek orders to demolish illegal construction done on your land and for declaration that you are absolute owner of property 

 

3) rely upon Ameen report that your land has been encroached upon 

 

4) since your parents are senior citizens they can seek expedited hearing of the suit 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

Complaint will file agasint all. You can file on behalf of parents.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. See you have to go for a suit for possession of the property for the emchroachment you can also file complaint with police agaisnt your neighbour. But the suit has to be pursued. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You need to go to court to seeking a direction from the court to stop him from interfering in your property and your right of way. Further, you should file a police complaint against them under criminal trespass.. 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

1. In this case you need to file both criminal complaint and title suit with eviction of the said party

Prashant Nayak
Advocate, Mumbai
34653 Answers
249 Consultations

The best option before you is to file a suit for declaration of title and possession of the encroached land.

No police complaint against the encroachers or a criminal complaint against society is maintainable.

 

T Kalaiselvan
Advocate, Vellore
90166 Answers
2505 Consultations

Dear Client 

You can lodge an FIR against your neighbors for criminal Trespass over your land by construction of walls.  Also file a suit in court for seeking the order for demolision of the walls build by your neighbors on your land.

And also seek permanent injunction against your neighbors for not encroaching your land again. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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