A case must be filed before the tehsildar for illegal occupation and usage of your land. A spot memo will be prepared by the court official and will submit a report.
Intrusion of neighbour farmer into my agricultural land
Respected sir My agricultural land is 6 acres 34 gunta in that 10 gunta is acquired by neighbour farmer and now he is claiming that it belongs to him. After the survey we understood that our 10 gunta is utilised by him and now he is claiming it belongs to him and he is no leaving our land Please guide me how to go about this
Asked 3 years ago in Property Law
Religion: Hindu
16 Answers
You can file complaint first to collector office and produce the layout demarcation provided by collector office. If he still not listen than file case in civil court.
File case for encroachment done by neighbor of 10 guntas.
You need to file suit for eviction in civil suit.
File suit seek court orders to direct neighbour to vacate portion of land in his possession
Simply you have to file a civil suit in court and get your property measured by the order of the court so that you can identify the boundaries of your property
Dear sir,
You'll have to file a suit for declaration that the disputed land belongs to you.
You'll also have to claim a permanent injunction restraining your neighbour to interfere with your peaceful possession.
Engage the services of a good local advocate even if you have to pay slightly higher fees.
Hope this answer helps.
Best wishes.
File Suit for Declaration, possession and permanent injunction and take temporary injunction till pendency of suit restraining him from creating third party interest.
File a police complaint against him for land encroachment
File FIR of enforcement or file civil suit in court for recovery of possesion and ejectment.
Dear Sir,
On the basis of survey reports you have to file suit for possession of 10 guntas which was illegally occupied by him. It amounts both criminal offense as he criminal tres passed into your land. It is also called encroachment of your land.
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Section 441 in The Indian Penal Code
441. Criminal trespass.—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.
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Common Ways to Deal With Encroachments
- Have a Professional Land Survey Done. A professional land survey should always be the first step toward assessing if there is any potential boundary or encroachment issue. ...
- Talk Things Out and Offer Concessions. ...
- Seek Mediation or a Neutral Third Party. ...
- If al
Remedies for an Encroachment
- To begin with, you can, and probably should, talk to your neighbor about it. ...
- If your neighbor is unable or unwilling to remove the encroachment, but is otherwise open to resolving the issue, you may wish to consider selling the encroached-upon property to him.
l else fails, hire a qualified real estate attorney.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
You approach court with a suit for removal of his possession of the grabbed or encroached proeprty.
You can also seek possession of the encroached proeprty.
Consult a local advocate and proceed.
- Since, you are the owner of the 6 acres 34 gunta agricultural land , and the same already shown in the survey , then the said neighbour cannot take any portion without your consent , and the said encroachment is an offence .
- You can lodge a complaint before the police and to collector as well.
- Further , you can file a Mandatory & Permanent injunction suit against him to remove him from your 10 gunta portion.
You should file a petition for demarcation in revenue department before executive magistrate and also for dispossession of your nieghbour from your land.
You should go to civil court for declaration and permanent injunction, If you can not afford court, You can file F.I.R. against your neighbour
- As per the information mentioned in the present query, makes it clear that the land belongs to you as per the title documents, but the other person claiming it to be his for a reason that he has been using it.
- I would like to apprise you that he cannot claim any right in the property as the same belongs to you and even if you have him with consent also then also he can’t make it as his at any point of time.
- He can’t even take the benefit of adverse possession as the law is not applicable in this case.
- You should file a civil suit before the civil court of law for recovery of possession of the land plus declaration suit with an application for injunction from creating third party interest therein.