• Case against illegal grabbing of land

A land  was initially  given on lease by Kolkata Improvement Trust to my uncle. He filed a case against some people who were selling the plot by showing fake documents.  My uncle won the case and got a court order. After his death the plot was transferred to my name and my brothers name in equal share according to a will by my uncle since he was a bachelor.  A case was again filed by  another person  against us who were showing fake documents and trying to sell the land. We are on the verge of winning the case. Now some other people have taken possession of the land are trying to generate some fake documents. In spite of winning a case and having court order can somebody else again file a case on the same land because everytime a case is filed  it takes more than 10 yrs to be resolved. How many times do we have to prove legally that the land belongs to us. Is there any  way to stop such repeated encroaching on our land without filing a case everytime. Please suggest.
Asked 1 year ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1. It's unfortunate to know that you have to suffer so long.
2. Since your problem suffer from llitigation without seeing the case papers I can't help much.
 I am from Kolkata, so you can meet me with your case papers for further advice.
Devajyoti Barman
Advocate, Kolkata
5237 Answers
54 Consultations
4.9 on 5.0
assuming that this land leased out by KITB to your uncle is still a vacant land, encroachers will definitely have a field day, after your uncle won the case and the court declared him as the absolute owner you should have put up a building of some sort (commercial or residential) let out the building for rent, executed a lease deed, put up a compound, erected a display board on the land stating that you are the absolute owners of the land and if anybody attempts to trespass into the land, such person will be prosecuted both criminally and before the civil court along with your contact details.
This will establish to the whole world that you are the absolute owners and that you are in physical possession of the land and trespassers will be dealt with in accordance with law.
Allowing the land to remain vacant with only a court order is no justification and invites land grabbers to such lands. 
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
5.0 on 5.0
Post private security guards in the land to resist grabbing of land physically.
Devajyoti Barman
Advocate, Kolkata
5237 Answers
54 Consultations
4.9 on 5.0
Land on lease is not entitled to ownership, file a suit for Declaration and Permanent Injunction with party added to the Kolkata Improvement Trust.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1. You can not stop people in filing cases,

2. Why have you not taken possession of th suit property after winning the case?

3. Or if you have taken possession of the suit property and the said person has trespassed in to the said property, you should lodge a police complaint alleging unauthorised trespass into your premises and file an eviction suit.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
1. If that person has not yet taken possession of your property and is just trying to take possession of it, then lodge a police complaint against him first alleging that he is the agent of the party against whom the suit is pending,

2. After that file an application u/o 39 rule 1 & 2 praying for a direction upon the said party restraining him from taking possession of the property till the disposal of the suit.

Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
1) if encroach er has documents showing he is the owner of the property it has to be proved that documents are fake 

2) you will have to file case whenever there is encroachment 

3)you can post security guards around your land , do fencing and install CCTV cameras to protect your land from encroachment 
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
1) you have to move court for necessary reliefs . 

2) you can draw attention of the court to previous orders passed wherein it has been held your uncle  was  bonafide owner of said land 
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
5.0 on 5.0
Hi, you have to take possession of the property immediately and don't allow anybody to take the possession of the property if you allow them to enter into possession then you are in trouble.

2. As the stranger is filling the suit against you so you have no other options to contest the case.

3. In a suit for land possession is very important. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Since the new person has approached court seeking the ownership, it becomes your duty to defend your property as well as your interests in the property by contesting and properly challenging the so called false case.You can even file an injunction suit restraining the new persons from interfering into your peaceful possession and enjoyment of the property.
If you were in possession of the property what prevented you to encompass the same by constructing a boundary around the property so that the intruders can be avoided entry or a police case for trespass can be  filed. 
It appears that after acquiring the property you failed to secure the same by fixing fencing the boundaries with atleast barbed wire fencing.
The out of court settlement to such atrocities will be too costly, so decide wisely based on the  circumstances. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
1. I suppose those who have taken the possession of the land are not the parties to the case which is currently pending in the court, and which, you claim, you are on the verge of winning.  You have to file a case for eviction of those who have occupied your land without the sanction of law. To preempt possession of your land by anyone you should seek an injunction.

2. There is no other legal remedy except to file for eviction.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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