• Boundary line issue between two plot numbers - neighbor getting excess land

I am co-owner of a plot (plot number 827 , Goghat-II Block,Shripur Mouza, Hooghly district.)
The area is a rural area (Gram Panchayat Area).
I have no issue with others co-owners of our plot (plot no-827). But recently I am getting trouble because of some activity of my next neighbor, who is co-owner of plot no-882.

As agreed by all of the co-owners of plot no- 827 , we mutually took possession as per our share area.
As per our mutual agreement, we all have been peacefully taken possession and enjoying the possession for more than last 20 years.

My portion of possessed land lies at the edge, on the border of plot number-827 and adjacent plot number- 882.

The local surveyor who marked the boundary line of 827 and 882 plot , also made the sketch when my neighbors(co-oner of 882) bought his land at plot number 882.
We all have been enjoying peacefully possession for more than 20 years .

Suddenly , the very next neighbor at plot number 882 (one co owner of plot number 882) stared encroaching my vacant land, which was marked as plot 827 previously.
Due to this boundary line dispute between 882 plot and 827 plot started. We called the same surveyor again.

The surveyor this time is telling contradictory story saying that the boundary line of 882 and 827 plot will be shifted around 8 foot towards my possessed area.

I objected as previously he only made the sketch with reference points and accordingly lands of 827 plot was distributed among us.


Moreover, my next neighbor, resident on plot 882, already got the same amount of possessed land as mentioned in his deed .
As the surveyor created the confusion, the neighbor started claiming my possessed land as his land.

I told my neighbor that he already got the amount of land as per his deed and he cannot claim any more excess land.

BUT MY NEIGBOUR AND THE SURVERY ARE HAND IN GLOVES TELLING THAT THAT THIS 8 FOOT LAND IS AN EXCESS UNCALIMED LAND OF 882 PLOT NUMBER.
As this is part of 882 plot as per the mouza map, it should be possess by 882 co-owner.

Moreover , this land which is NOW being marked as EXCESS OF 882 PLOT ,is ALREDAY mentioned as PART of 827 plot number , in the previous sketch .
We, all the co-owners of 827 have distributed land among us considering this so-excess land as part of 827 plot number.

I do not know how revenue offical have drawn the mouza map. 
But total AMOUNT land of 827 plot number gets matched as per the plot information and ROR , if this so-called EXCESS land is included to 827 plot.
If this so-called excess land is included to plot no 882 , it is becoming an really EXCESS land for 882 plot .

if the boundary line of 882 and 827 gets shifted 8 foot towards my possessed land , my land is becoming short and land possessed my neighbor will become excess.

Though it will be an excess land , my neighbor is still forcible trying to possess this EXESS land saying it is inside their plot number(882).

Please advise what to do .
Asked 3 years ago in Property Law
Religion: Hindu

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4 Answers

File declaratory suit that you are absolute owner of land 

 

2) rely upon earlier sketch prepared and that you are in possession of said land for 20 years 

 

3) seek injunction restraining neighbour from disturbing your possession of land as per new sketch prepared till hearing and final disposal of suit 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

If you have the registered sale deed giving the description of the land belonging to you and also if the previous map shows that this portion of land comes under your plot then you may better file a suit for declaration to declare the title and interest in your name insofar as the disputed portion of property.

You can discuss with a local lawyer and proceed as suggested.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

- If the said land is registered in your name , then none having right to disturb your possession 

- Further, as you are living in the said  property since last 20 years uninterrupted, then also you can be declared as the owner of the said property on the ground of adverse possession as well. 

- If that neighbor is creating trouble , then you can file a suit for Declaration and Injunction before the district court for declaring the owner of the entire property and to restrain that neighbor from interfering in your property. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

You can file a civil suit and take injunction against your neighbour 

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

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