• Land grabber

I am from Mumbai and have an ancestral house in Goa belonging to my Grandmother .There is this guy who had a grudge against my Dad for not giving him some property in the past. When I went to to Goa, he had come to meet me for some work with my Dad. On one of his meetings with me, he started asking whose land is this in my compound and outside my compound. On saying it was mine, he asked me to show property papers. Since I refused by saying that the property papers are with my Dad in Mumbai , he left in huff saying he will do RTI (Right to Information). On returning to Mumbai, a few months later I got a call from him saying that he has got some documents of my Dad and my Dad owns only xxxx acres of land and there is another name in the document and who it was (he did not mention the kind of documents in his posession). I told him that it is something of the past and that person maybe related to my grandmother and what has he got to do with it or how does it affect him. He did not reply but again insisted/demanded on phone to take the property papers of my Dad and bring it to Goa on my next visit. The name that he mentioned does not exist in the latest Form I and XIV that I got from the property office in Mapusa.

I have a garden inside my compound which was maintained by my grandmother and have heard a rumour in the past that this garden belongs to someone else (name I am not aware of and his/her name is not in the latest Form I and XIV). I am assuming the name this guy mentioned is the owner of this garden. The owner has not showed up for 80-100 years and nobody has claimed this garden. 

Is he entitled to ask for property papers?. Although he stays in the same locality, He is not my neighbour (not to the left or right nor any backdoor entry). Neither am I modifiying the existing boundary or building anything. My Dad is 87 years old and does not remember anything. 

How do I deal with this situation?. What do I tell this guy on my next visit? 

I narrated this incident to one of my friends and he told me to to be careful of such people and do not allow them inside my compound as he may be a “Land grabber” and he may be trying to grab the excess land (outside my compound) and he will intimidate me for that.
Asked 2 years ago in Property Law
Religion: Christian

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

He is not entitled to ask for your property papers 

 

2) ignore him record his threats 

 

3) install CCTV cameras in your property 

 

4)  post some security guards in premises if you can afford it 

 

5) in event he tries to encroach on your property file police complaint of criminal trespass against said person 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

  1. He's no authority to inspect your property papers. I fail to understand, why are you entertaining him at all? You must not provide to him any of your documents, either original or copies. 
  2. If he persists troubling you,  you must file a police complaint against him for nuisance and trespass 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1433 Answers
5 Consultations

4.4 on 5.0

That guy, if he is not the true owner of the excess area in your possession [i.e. the garden] has NO LOCUS OR BUSINESS to require you to provide him any property documents

he cannot even go to the court to enforce his right, since he does not have any right in the first place in the area which is in your possession and belongs to someone else

if the true owner has not taken any steps to safeguard his property rights, then what business does an unrelated party like this guy who is making inquiries from you, has ?

you do not need to answer any of his queries

if he pesters you, you must file a police complaint against him for criminal intimidation and harassment 

he must also not be allowed to enter into your premises for any reason whatsoever , be it for any work related to your dad or otherwise

Yusuf Rampurawala
Advocate, Mumbai
6999 Answers
79 Consultations

5.0 on 5.0

- No, none having right to ask for property papers , even he claims the owner of that property .

- Further , if your dad or grandmother was using that garden since long period i.e more than 12 years , then you can claim to be the owner in possession of that garden /property  

- Further, as he is creating trouble , then you can lodge a complaint against him before the police and higher official 

- Further, if you are having proof of using /staying over that property, then you can approach the court for getting restraining order against that person legally. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

You first of all issue a legal notice through your father to this person who is up to some mischief, warning him to not to interfere in the peaceful possession and enjoyment of the property, failing which he would be prosecuted both under civil and criminal laws for his illegal intention to grab your property.

Subsequently you can file a caveat against him and also an injunction suit seeking to restrain him from indulging in such illegal activities of interfering in your possession and enjoyment of the property.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Dear sir/madam,

APART from the government officials and the heirs of the property, income tax officials etc., no other person has the right to demand or see the papers of the property. This man is only mentally harassing you. He has nothing to do with the property, had he been entitled to receive a share in the property, his actions would have been justifiable. 

You can send him a legal notice against this harassment. His actions represent trespass of the property. 

Trespass: an unlawful act committed on the person, property, or rights of another especially : a wrongful entry on real property. b : the legal action for injuries resulting from trespass.

Also: a violation of moral or social ethics : transgression especially : sin. b : an unwarranted infringement.

You can also file an FIR against him.

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

Sir

In short I will tell you that you need not to worry.

One, you own the land which is in possession from long duration, therefore whether you have any document or not, you are the legal owner of the property (even if the land owner comes to ask)

Two, nobody can ask you for showing papers and don't show papers to anybody. If anybody pressurise you then inform police. 

Repeating that you are the legal owner now. Long possession is considered as ownership by courts in india. 

Good luck.

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

Yes it's true but you can take recourse to the legal steps in the same and proceed with court procedure to get remedies against such grabbers

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

Hey, in reply to your question.

You don't require to answer anyone as the person who is asking numerous questions is not entitled to ask any of it. He has nothing to do with your property, therefore, stop answering him or stop worrying about answering him . Tell him that you have everything related with that land and you will answer of anything pops up or any person claims to be the owner of any property in future according to law of the land. And why do you want to answer the person who is asking you questions related with your land as you owe nothing to him.

And what you can do for your satisfaction is get a copy of the land owner from the land department itself. And stop telling anything about the property and do visit your property more oftenly than you do at any previous time in order to avoid such persons. And do take care of your property.

If anything happens with your land, you can inform about it in the goa development authority and can inform about it in the police station as well. 

Puvali Singh
Advocate, Delhi
37 Answers

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer