Hi Team Please help me here, I want to fill a case against my neighbor who taken my nearly 4 feet land as per my link documents Here is the information about my land 1. Initially my land is 600sq yard 2. My owner divided into a two portion and build a house and sell, one to me and one to another 3. Before he build he have 4 feel width and length wise around 74 feet 4. My left side neighbor taken my 4 feet width length which is not in his sales deed document and as per his document his width is 35 feet but when we measure he have 40 feet 5. Now I am. Building my construction as per my newly created document my land is correct as per document but when I see my link documents and measure I suppose to get extra 4 feet 6. Now my question is can I fill a case to claim back my 4 feet extra land or want to put a petition on him that he illegally taken this 4 feet land which come total 4ft width and length is around 74ft 7. My neighbor build his house after my first owner build and during his build my owner absent and he illegally occupied this 4feet and now he saying this 4 feet was serii Which not in my documents and not his documents 8. NOW my question is can I fill a case against him for occupied 4 feet of my land as per my first document which is link documents before my owner divided into a two portion 9. If I fill a case also what is chances I get my land? And is this going affect my current construction most important I really appreciate if you guys help me
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) file police complaint of criminal trespass against your neighbour if he has encroached on your land
2) you can issue legal notice to neighbour to vacate encroached 4 feet of land
3) you can file civil suit against neighbour to vacate 4 feet of land in his illegal possession
4) complete your construction then file suit
First of all your document alone is not an evidence to prove that the said land was encroached by your neighbor.
You submit an application to the Tehsildar seeking to survey your property and fix your boundaries as per the deed and revenue records.
After getting your land surveyed and you find that your neighbor has actually encroached upon your property to whatever extent, you can file a suit for declaration to declare your title to the encroached land of property and for possession.
Thanks for quick response My Construction Structure wise has been completed , now pending of tiles and inside work ... So i wait my this work complete ? and also from my backside neighbor which is Masque is there, the claim my 2 ft land by saying that its belong to them , they never show any documents , and now they building a rooms by attaching there columns to my columns and wall , what i can do for them ? Please advice
You should complete your interior construction work then take legal proceedings
2) ask mosque to submit documentary evidence that your 2 feet land belongs to them
3) seek court orders to direct mosque to remove columns attached to your column and wall
T Kalaiselvan .. I have seen the my neighbor sale deed documents , he dont have 4ft land which he taken.. this 4 ft land showing in my link documents before my owner divided into a 2 house and build , my owner left this 4 ft for walking but later my neighbor illegally taken this 4ft and build his house.
File complaint of criminal trespass and file civil suit as mentioned herein above
You can file both criminal and civil case in this circumstances. Criminal trespass is an offence and civil court will provide you injunction and deprecate their illegal act with compensation for loss to you
You immediately file a suit for permanent injunction against the neighbor who is claiming your property besides you can also obtain temporary injunction to stay his construction activities which is threatening to intrude or encroach your property.
If your neighbour has illegally taken away the 4 feet vacant land which was meant and left vacant for the purpose of easement, then you can file the suit for easement rights by necessity and obtain a stay restraining him from restricting you to use the pathway, besides you can seek for the relief of mandatory injunction to direct your neighbour to demolish and remove the structures put up on the common passage.
how much expense occur to me to file a this both cases , 1. permanent injunction order and Criminal trespass , please advise.
Legal fees for filing civil suit vary depending upon lawyer engaged by you
for criminal trespass file complaint before local police station
Injunction suit to be filed before civil court, the court fees and lawyer fee would be informed to you by the lawyer you may desire to engage.
As far as criminal trespass is concerned, you have to lodge a criminal complaint with the local police.
File civil suit to recover encroach portion of land.
Complain to municipal corporation against the mosque.
No criminal trespass but encroachment. Civil suit.
No court fees but advocate fees.
Dear client,
Yes, you can file a case against your neighbor to claim back your 4 feet land that he has illegally occupied. You can file a civil suit for declaration of title and recovery of possession under Section 6 of the Specific Relief Act, 1963. In this suit, you can seek a declaration from the court that you are the owner of the land in question, and ask for an order of possession directing your neighbor to vacate the land and hand it over to you.
It is important to note that in such cases, the burden of proof lies on the plaintiff (i.e., you) to prove that the land belongs to you and has been illegally occupied by the defendant (i.e., your neighbor). Therefore, you will need to produce all the relevant documents such as the sale deed, link documents, survey plan, etc., to prove your ownership of the land.
As far as the chances of success are concerned, it will depend on the strength of your case and the evidence that you are able to produce in support of your claim. If you are able to establish your ownership of the land and that your neighbor has illegally occupied it, then you are likely to get a favorable judgment.
Regarding the effect of the case on your current construction, it is possible that the court may order a stay on your construction until the dispute is resolved. Therefore, it is important to consult with a lawyer and take appropriate legal advice before initiating any legal action.
Need to study entire case for stating fees for the same.
Sir,
If you need any further assistance for the same.You can approach me through Kaanoon or LinkedIn.
https://www.linkedin.com/mwlite/in/prashanth-nayak-5477b138
You can ping me on 09 yu 769 fg 490 ghj 911
Thanks for all your inputs. My Concern is here , Since i am NRI i very rare to visit india once a year, by putting the case against of my neighbor illegal occupied 4ft as per my link documents. is this going affect my current middle of construction and also do i need to present in court every time how its work i am not sure. can i represent anyone here behalf of me, what is procedure of it.
1) In civil cases your presence is not required on each date
2) you can execute POA in favour of family member to appear on your behalf
3) your presence would be necessary during trial
4) it is better to complete your construction and then go to court
No doubt you can pursue the case through a power agent also.
But that may not be very effective.
If there occurs any lapse on your side during your absence, you cannot blame anyone except to curse your fate and accept the fact.
Therefore if you decide to pursue the matter legally you have to make proper arrangements accordingly.
Provide Power of Attorney to your trustworthy relative or friend to file suit on your behalf. Only give authority to file suit and nothing else.
Dear client,
If you file a case against your neighbor for illegal occupation of your land, it may affect the ongoing construction work, as the court may pass an injunction order to stop the construction until the dispute is resolved. However, it is important to protect your legal rights and interests, and it is better to take legal action than to let someone illegally occupy your property.
As an NRI, you can appoint an attorney or a legal representative in India to represent you in court. Your attorney can file the case on your behalf, represent you in court hearings, and carry out legal procedures in your absence. You will need to provide your attorney with the relevant documents and information related to the case, and also authorize them to act on your behalf through a power of attorney.
It is important to note that you may be required to appear in court at least once during the proceedings, depending on the nature of the case and the court's discretion. However, your attorney can guide you on this matter and make arrangements accordingly.
The procedure for filing a case for illegal occupation of land involves drafting a plaint, paying court fees, and submitting the same to the relevant court. The court will then issue a notice to the respondent (your neighbor), and the case will proceed in accordance with the legal procedures.
It is advisable to consult with a local lawyer in India who can guide you on the specific legal procedures and requirements in your case, and also represent you in court if necessary.
In civil cases you can give POA to other person only in criminal case you require your presence in evidence stage
- If that 4ft land is a part of your property and the same is under the total measurement of land, then the said act of your neighbours is against the law,
- You can file a compliant before the police and higher official against him for the offence of trespassing and grabbing the property without your consent.
- Further, you can also send a legal notice to them for vacating the land , and if no response, then file a suit for Mandatory & Permanent Injunction before the Civil Court.
- Further, if you are residing abroad , then you can give POA to any relative in India for filing the same
- The said POA should be notarized as per US rule, and attested from the consulate of India.
