Encroachment of my property boundary
I am a 55 year old housewife from Kerala. My father had about 3 acres of land in a rural area. He died in 2014. He made a gift deed to me of a portion of his land 2.5 ares in 2011. My elder brother was given the same area of land adjacent to my portion. There are other brothers and sisters. He gave gift deeds to only 3 of us before his death. Remaining 1 acre is still undivided in his name. Our mother is still alive. All the brothers and sisters live in another town. Only my elder brother constructed compound wall of rubble foundation and bricks as soon as he got the land. Recently, when I measured my land for constructing a wall, I found that he has constructed his wall about 2m inside my property on one side. He threw away the stones which my unofficial surveyor had placed, thus spoiling the attempted measurements. As a result of his encroachment, I have lost about 1000 sq. ft of land for which I am paying land tax. When I spoke to him, he misbehaved with me. I am trying for a legal solution. One advocate told me that first I have to apply to the Taluk Surveyor to get a proper survey of the land. This can take about 8 months or so. I have applied and it is in process (now in Village Office for a report). My advocate told me that once my elder brother disputes the Taluk Surveyor's measurements, then only I can approach a Court to reclaim my land. But other 3 advocates told me that I can directly approach Court to get an order to fix my boundary. I am confused. Please give me a correct procedure which should not waste time and which shall be effective. How can I get the encroached wall from my land? I will be glad to give any more details.
Asked 9 years ago in Property Law
Religion: Hindu
