I own agricultural land of few acres in telangana state. As per passbook i have 9 acres but when i measured the land it is about 15 guntas less. The fence is wrongly installed into my land when my parents separated and my neighbor is my own uncle with whome we are not in good terms. This fence is there since atleast for 20 years. The extra land i missed is in my uncle's possession. It is one single survey number. We are planning to sell the land now. My uncle is not cooperating to resolve this issue by ordering the survey. Can we hire the machines and take off the fence and lay a new fence in absence of my uncle? What kind of legal challenges we might have to go through? NOTE: we don't want to go through the pain of fighting indefinitely in indian courts which will take decades. We have to sell the land asap and please let me know if i have any options left to sell the land including 15 guntas in his possession without scaring away the buyer with existing court cases.
You should make application to survey office to carry out survey of land
2) let the surveyor submit his report
3) if you remove the fence your uncle will file case of criminal trespass against you under section 441 of IPC
4) it is better after obtaining surveyor report issue legal notice to uncle to remove fence installed on your land and if he refuses obtain court orders to direct uncle to vacate possession of 15 guntas of your land
1. you can sell the complete land, no barriers, it depends upon the buyer how he/she will take possession of the 15 guntas,
2. you can apply for the demarcation of the land to the concerned Sub Registrar,
3. presently litigation doesn't take decades in INDIA,
1. Since the boundary wall is there for the last two decades, any attempt by your to raze it would pose a law and order problem.
2. So you can try but if he resists then file a civil suit for declaration and for mandatory injunction.
3. Since such suit takes lot of time, going for amicable settlement with your uncle is recommended, more so, when you are in hurry to sell this property.
Survey is the best option to get the same identified the property.
You can make an application to survey the same by Government Surveyor. Upon the submission of report by surveyor the details / fact will come into picture as to your land and the excess land occupied by your uncle.
Based on which you can issue notice to your uncle to remove / give possession of the land encroached by him.
If you forcefully remove the fence it will be criminal offence and amounts to tress pass.
Dear querist,
Since you mentioned that you are not willing to fight cases in courts. The better legal recourse with you is to send them a legal notice first which might suffice the requirement. We will be providing them 15 days to remove the fence from your area. In case if they dont do that we will be resorting to fast track procedure such as mandatory injunction etc.
You can contact me for sending legal notice and filing suit thereof on your behalf.
Regards,
Yuganshu sharma
Advocate
You have to find a civil suit for eviction of any encouragement in your land and request quote to order for the measurement of the land as per the passbook by the order of the court the land will be measured and it will be decided if there is any encroachment and who has made the encroachment on your land
Well you cannot dispossess even an encroacher illegally. That is the law. A case has to b3 filed. But still if you cwn liaise with the police and administration go ahead and demolish the fence and install a new one.
If you are having forces to fight the agitating neighbor and his henchmen, then you can bring the bulldozers and with the help of your own men(after getting your property surveyed by a surveyor and marking your boundaries), you may remove the fencing put by the neighbor in your property with the help of your men and challenge them in the police station if they are making a complaint in this regard.
However this will not be a permanent remedy and the remedy for this is with the court alone provided these people agree for an amicable settlement.
He is in long possession of your land even if illegally. He can file FIR of criminal trespass, mischief. You can individually apply fro survey an than file FIR against of encroachment and criminal trespass.
You can sell it but if other affected parties approach court all your decision will be stayed and injunction can be granted against you and the buyer
1.If you are sure that your portion of the land has been usurped by your Uncle by erecting a fence covering your said portion of the land t hen the right procedure is to file a declaratory suit against your uncle praying for a declaration that your portion of the land has been fenced by your uncle and for passing order the Court will call for report from BLRO who will engage the approved Amin/Surveyor to measure the land.
2. The above suit will take atleast 2 to 4 years to be disposed of.
3. If you want to avoid court cases and also are confident that you have the capacity to handle the after effect of removing the fence to recover your land then it can be done very swiftly and the fense is to be put again covering the land of your Uncle only after recovering your land.
4. You should also lodge a police complaint thereafter alleging that your uncle is trying to usurp your land on hearing that you are planning to sell the same.
5. Thereafter you can sell your land as per law.
file suit for possession of your land in civil court and seek police help through the court , you can also ask the court to appoint local commissioner to help in your case.
1. Yes you can remove the possession of uncle from your land without his presence or consent.
2. Legally it can create trouble if your file suit against you can take stay on land till disposal of suit.
