You have to file declaratory suit that you are absolute owner of said plots
2) seek orders to set aside fraudulent sale deeds
3) seek injunction restraining sale of plots by buyers
My Property was encroached and parties have built houses and have been staying in it for 10 years
Dear Sir, My residential land plot 80X39 SFT was encroached by miscreants and sold as individual parcels of land to 6 buyers who have subsequently built houses and staying in it for the past 10 years. Can I. now file a possession suit agains these individual buyers and what is the likely timeline this case would take?
Asked 3 years ago in Property Law
Religion: Hindu
10 Answers
There was an injection suit filed against this in 2011, however it did not go as expected and during the covid years this fell through as my lawyer was indisposed.
Asked 3 years ago
Was your suit dismissed
necessary to peruse orders passed in suit to advice
Try to file it asap. It may take some time exact timelines of civil matters cant be computed
Depending on services of notices, you have following option.
1. If suit is dismissed without notices to miscreants, you can file a fresh suit as you are still within limitation period. Make the sellers, purchasers and all those in possession of your property parties to the suit. Seek cancellation of all sale deeds executed without your consent. You can obtain certified copies of sale deeds from the office of Sub-Registrar. 2. If the suit is dismissed after notices to miscreants, you have to review the suit on the ground that the suit is dismissed during covid period. Now the order of SC suspending covid period from limitation, you need to seek condonation of delay caused in seeking restoration of the suit.
- When your property was encroached , then you should file a complaint to the police and higher official for the offence of trespassing .
- If you have already filed that complaint then you can file a complaint before the Magistrate in the Court against them for getting vacated and for sending them behind the bar.
- However, if your Injunction suit was dismissed , then also you can file a suit for Possession , Declaration & Mandatory Injunction before the Court.
Do you client I am sorry to hear that, in this case you can file case against the party full stop morrow where you can also file an FIR to the nearby police station
Better hurry and file suit for declaration of your title and repossession of your property, based on proper documentary evidence, lest the encroachers claim adverse possession after 12 years.
Hi. Hope this answer finds you in good heath.
Yes you can still file a case since it is within the limitation period of 12 years as prescribed by law. You can file a suit for possession, injunction and destruction to stop the encroachers from further selling the property, and demolish the houses whch have already been built on the encroached upon premises.
If you need any other legal help, or if I can be of help in any other way, feel free to reach out to me.
Regards,
Siddharth Jain,
Advocate
You can file a suit for declaration of title, possession and mandatory injunction against the encroachers.
Have you given any complaint with the local police for illegal trespass and land grabbing offences.
Your complaint at this stage may not be entertained by police owing the delay of 10 years or more.
Therefore you may approach court with a suit as suggested.
What is the status of the injunction suit?
Whatever if it was just an injunction suit then you may not get the relief of evicting the occupants from the illegally occupied property
You may have to file a suit for declaration of title , mandatory injunction and possession of property.
If the previous suit was dismissed for default you may ignore it and file the new one as suggested.