Issue them legal notice to vacate your land
2) if they refuse file suit for eviction of trespassers to vacate the land
Illegally occupied
Hi., I have recently taken a land in Hyderabad, Telangana. It’s a open land and on one side of the property there is a small hut with a family staying in that from many years. Now if I’m saying them to vacant the place means they are not at all moving and saying that it’s my place and I’m staying from many years. If I speak to the previous owner about this issue he is not at all responding. And day by day the family who stays in that hut ? has taken electricity and water connections recently. Could anyone help with this issue on how to vacant them from the property ASAP.. Thanks in regards ?
Asked 4 years ago in Property Law
Religion: Hindu
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8 Answers
Lodge an fir against them with the police. If they do not lodge an fir tgen give an application to the concerned SDM for illegally encroaching on the property.
The family that was given friendly entry free of cost by your vendor has now became trespasser after you asked them to vacate. They have entered into property lawfully but unlawfully remaining there after your you asked them to leave. File a criminal complaint under Section 447 of Indian Penal Code, 1860 in the Court of Magistrate, direction will be issued to local police to investigate, file FIR and produce him in Court. Submit all documents of title in Court. Any civil suit will prolong your remedy. A criminal complaint can be filed by any friend or relative or you can give GPA attested by Indian consulate o friend or relative, he can file complaint on your behalf and do all necessary procedure.
- Firstly, issue a legal notice after mentioning that you are the owner of entire land , and instruct him to vacate the land after receiving the legal notice,
- Further, if no response, then file a compliant before the local police and higher official against him for the offence of trespassing.
- If no legal action taken by the police , then file a compliant before the magistrate for lodging an FIR under section 447 of IPC , and to vacate the land.
- Section 447 Indian Penal Code- Punishment for criminal trespass. —Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both.
Dear Clients,
You can Inform the local authorities –revenue department etc. File a complaint with Police Authorities and charge them for trespass. File a complaint in the court. Negotiations also help in case the opponent has occupied the land inadvertently.In states with Land Grabbing Prohibition legislations, the complaint will be filed as per the provisions of that particular legislation.
Thanks & Regards
You should have ensured the delivery of vacant possession of the property even before you paid the sale consideration amount.
You had ignored this fact at that time
The vendor will not respond to your calls because he has received full amount and is now not interested in this property anymore neither he had committed to vacate the illegal occupiers.
You have to approach court of law with a suit for ejectment to eject the illegal squatters in your property on the basis of the registered sale deed in yor possession.
Immediately file eviction suit against them
First, your property has to be properly identified with the help of Revenue and/or registration records, with Survey No., boundaries, plot dimensions and extent. Only then can you know if they are encroaching upon your land. If their hut lies outside, you have no right to object. If it is within your property, issue them a legal notice for eviction. If there is no response, proceed to file a suit in consultation with a lawyer at the proper court. For that purpose, you may execute a special PoA in favour of your relative or friend in India.
