• Disputed land

Sir, I had purchased a piece of land and all the documents are in order ie the registration and all related documents.....the land happens to be located in the border between Mowkaiaw and Mukhap.....the registration bears the village Mowkaiaw as location....during the construction of my house the headman of Mukhap had interfered and asked me to stop the construction as the land falls in Mukhap and he had further asked me to alter my land documents to reflect the location as Mukhap.....kindly advice
Asked 5 years ago in Property Law
Religion: Christian

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19 Answers

1. It i not clear what is the restrictions in raising constructions in Mukhap.

2. If the land is free hold land and without any encumbrance or under any prohibition as regards the constructions then no one can stop from doing so.

3. i am sure you ave a valid approved building plan sanctioned from local authority as well.

4. if  that is so then in the event of any obstructions from any public authority you have the option is filing writ petition in high court.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Nothing fault on your side. Somehow the mistake happened in the deed. Don’t worry, file a rectification deed before the registration department to change the village name and district name (Both purchaser and seller should present to file this deed). Thereafter approach the revenue authority to change the same in the revenue records and also apply building permission plan before the Mukhap authority to construct the house. This process will consume at least two months time but it has to be done. If the concern authorities take a long time to rectify this mistakes then you shall approach the High Court for immediate relief.

 

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

If land falls in mowkaiawa location you don’t need permission from headman of Mukhap 

 

seek court orders restraining headman and other authorities from creating obstacles in carrying on construction 

 

3) I presume property tax is being paid in mowkaiwa 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

Dear Sir, 

This type of problem occur sometimes in lands of border area. You are suggested to file the application with police, revenue authorities etc. revealing the problem created by the headman and ask for legal action against him, because it is not you, who will get the things done as per his direction.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You can get stay order against head man from court

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

The registrar has registered the land as per the land records. Now it has to be registered as per the law. He has no right to interfere once the land has been registered as per the law.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

After verifying the boundary or the jurisdiction of the property by getting it surveyed  through a  government surveyor, if it is found that the statement of the village head of Mukhap is correct then you may have to get a registered rectification deed to rectify the details of the jurisdictional boundaries of the property you purchased with the help of your vendor.

 

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

It is allowed from April 2020

Shillong, April 06, 2020: The Meghalaya cabinet on Monday has decided to allow construction works including projects under MGNREGA and sowing activities to resume in the state after the lockdown.

The 21-day lockdown will complete on April 14.

While farmers can resume their sowing activities immediately, works related to constructions including roads and MGNREGA works can resume from April 15.

But all must follow the government’s protocols strictly.

While all government employees should return to work from April 15, educational institutes however will remain close till April 30.

Offices of private establishments will also continue to remain closed.

Private transportation can start from April 15 within the state including inter-district movement, but inter-state movement will not be allowed at any cost

Decisions taken by the cabinet :

  • Schools and educational institutions will remain closed till 30th of April 2020.
  • Farmers in rural areas will be allowed to resume sowing activities with immediate effect. Strict protocols to be maintained as prescribed from time to time by the health department.
  • MGNREGA activities will be allowed to resume in respective villages in the State. Wages and the material components to the tune of Rs. 534.6573 crore has been sanctioned and released to the respective Block Development Offices for payment of wages and clearing the materials bills.
  • Construction works (viz. road construction, etc.) and other allied developmental programs sanctioned by the government in the last financial year is allowed to restart from the 15th of April 2020.
  • The Cabinet also decided to allow the reopening of weekly markets in rural areas from the 15th of April 2020, provided that strict ‘COVID-19’ protocols as prescribed by the health department are adhered to.
  • Private transportation will be allowed to resume from the 15th of April 2020.
  • All Government offices to start functioning with full staff strength from the 15th of April2020.
  • The Government will extend financial assistance to all wage earners, daily labourers and petty traders (unregistered daily wage earners) who are out of work during the COVID-19 ‘lockdown’, under the Chief Minister’s Relief Against Wage Loss scheme for daily wage earners at the rate of Rs. 700 per week. The financial assistance will be transferred directly to the eligible beneficiary’s account. Beneficiaries already registered under Building and Other Construction Workers (BOCW), job card holders under MGNREGA, muster roll workers of government departments, casual and contractual wage workers in government and semi government departments and registered farmers under ‘PM-KISAN’ are not entitled to receive benefits under the scheme.
  • The Cabinet on Monday also discussed about the fate of citizens from Meghalaya both students and working citizens, numbering about 2192 individuals in total, who are staying at different parts of the country. Most of them had expressed their desire to come back to the State. Taking into account the safety of people in the State and the safety of the stranded citizens themselves, the Cabinet after a thorough discussion has decided to request the stranded citizens to refrain from travelling back home until the end of April 2020

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

Confirm with the old land records that this property lies in which village. 

Than file a declaration suit to declare the location 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

See if single piece of land falls under two jurisdiction and it is registered with one sub registrar in that case registration is legal you can mutate based on same in both records.

Further without court order or order of any authority he cannot.stop construction , you can raise your concern before the tehsil dar/mamlatdar/revenue officer

 of the revenue area.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

File a suit for injunction before the jurisdiction court restraining the headman of Mukhap from interfering in your possession and also declaration that the property is part of mowkaiaw. 

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Hello,

 

Contact the local panchayat or local revenue board to do the proper measurement of the property and then file a report. Or you may file a suit for injunction and take direction from the court that no interference be made in the free usage of your property. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1.You can file a suit for injunction before the jurisdiction court

2.You can file a caveat petition in the court having jurisdiction where the property is situated so that in case headman of Mukhap  file a suit and seek stay on construction, court will notify you.

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

If the headman of Mukhap is not permitting you to go ahead with construction then remedy in your hands is to file a suit for permanent injunction against him in the competent civil court to order him to not to create any obstacle in the construction process.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. Apply for "Govt. Survey" at the Taluka /District level Revenue dept., for Survey of area layout Plan alongwith your land and Map & Survey Report. Do not do Private Survey. The Govt. Survey layout Map & Report, will show the actual status & position of land & location situation in which village.

2. Armed with the Govt. Survey and Application, you can inform the Village Gram Panchayat, the actual position /location of your Land. The Govt. Survey Report is an irrefutable & FINAL documentary proof and will be useful permanently.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If the land falls within Mowkaiaw jurisdiction, no need to take permission of Headman of Mukhap.

Immediately file an application for perpetual injunction against the Headman and his henchmen from disturbing your construction activity.

Further, seek direction from court restraining the Headman and his henchmen from interfering with your activity.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Ans: you will be required to obtain the exact boundary details from the collectors office to ascertain where does your property lie.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

- If the said land is registered in your name , then legally you are the absolute owner of the same , except a court order no body has right to interfere into the same legally. 

- Check the exact location in the previous chain documents of the said land , already with you , if there is mistake in the your title deed , then file an application before the Registrar , where it was registered to rectify the same , after executing a Rectification deed. 

- Further, you can approach the revenue board to do the proper measurement of the land .

- As per law, the headmen of a village act on behalf of the landowners, tenants and other residents in their relations with the state, and is bound to attend when summoned by officers of govt., and to aid them in the execution of their public duties, and also for the prevention and detection of crime do not fall within the scope of this work. 

- However, you can file a suit for Permanent Injunction before the court for restraining him from interfering in the construction work carried by you. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

1. You ask him to make complaint before revenue department.

2. You can also make complaint in police station and meet headman of Mowkaiaw to get the issue resolved.

2. You can also make an RTI in revenue department to get details and map of your land along with survey no.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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