• Property boundary fixation

I have a land in solapur 48000 sq feet. My uncle have property of 60000 to right side of my property. My uncle already sold his 60000 sq feet land and its city survey is done.now he sold 30000 more sq feet land to other person by pushing my land further ahead(atikraman) . Boundary fixation is not done ever for that entire survey number. We have filed case in court saying that we need boundary fixation to be done. Order for land record department had issued and they did measurement but they didn't do boundary fixation. People in the department say that there are some flaws in the record that needs to be corrected and we need orders to proceed. My uncle did not show up in the court so court declared it as exparty. Now problem is person who bought 30000 sq feet land from my uncle doing construction in our place. And we are unable to put stay on that..my lawyer says we can't get stay order to the someone else's place untill you prove that place is yours and i am not getting how should i bring stay order on that..can you please provide some guidance?
Asked 2 years ago in Property Law from Solapur, Maharashtra
you can file a suit foe permanent injunction
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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you should apply to court for temporary injunction pending boundary fixation . in other words maintenance of staus quo . also request court to direct authorities to finalise boundary fixation within 6months or so
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
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you should seek stay on further construction till boundary fixation is done .the reason being your uncle had already sold 60,000 square feet land and he does not have any further land to sell . the sale of 30,000 square feet has been done by encroaching on your land .  merely because the purchaser has strong political connection is immaterial
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
you can file
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0

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