1) file declaratory suit that you are absolute owner s of both plots
2) seek injunction restraining person from carrying on construction on your plot
3) if any fraudulent sale deed has been executed seek orders to set aside sale deed
Same plot registered on different owners
We have purchased two adjacent plots (plot no 23 & 24) in the year of 1996 and we have all the link documents, EC and katha. We are paying house tax from date of purchase to till date for both the plots Now, in the year 2022, we observed that some unknown person has stated construction in our plot no 23 and he is demanding that he is the owner of plot no 23 and he is having EC and also paying house tax. That person is not revealing is name. Now, how I can legally proceed forward to stop the construction and own my both the plots.
Asked 2 years ago in Property Law
Religion: Hindu
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7 Answers
You have to file a suit at the district court against the person encroaching for declaration of your title and ownership of the plots registered in your name, through a lawyer. Pray for a stay restraining that person from proceeding with further construction on your plot, by filing an IA in the suit, and request the court to hear the IA first.
If that person refuses to show the documents pertaining the the property then you can give a complaint to the police for the land grabbing offence.
If he produces the papers, then you can file a suit for mandatory inn junction against him restraining him from interfering in your possession and enjoyment of property.
Do not file a suit for declaration to declare your title becasue you already have a registered title document on your name which dates back to the year 1996
File cheating FIR against seller. Inform
You have a right to use force against him for throwing him out. You can also file a criminal complaint against him for trespass under Section 447. File a complaint in the Court of Magistrate, a direction will be issued to police to register case against him, he will be summoned, charge sheet will be filed against him and after trial he will be convicted. Complaint to municipal authority as not being owner, he must not be having any permission for construction. You can file a suit in Civil Court against him taking stay against any construction on your plot.
Lodge a police complaint stating some unknown person has trespassed and trying to encroach your land. Through police investigation you will come to know the details of the person and documents he has with him.
Dear Client,
You can approach the court and file an application under Order 39 rule 1 and 2 of the Code of Civil Procedure to get an order of temporary injunction. The court after examining the application will ask the defendants to file their reply on the case. The court after examining their reply may either reject the application or accept it. If the court has accepted the application then it shall make an order of temporary injunction, ordering the respondent to stop the construction work on that particular property.
Thank You
