file case of criminal trespass against the goon 

2) also file  declaratory suit that you are owner seek stay order restraining him from disturbing your possession 

If the said deed is a forged one and you still hold good title over this piece of land then to exercise your right over this you need to file a suit for declaration of title and injunction.

1. 
   File a Police Complaint – Report criminal trespass & intimidation under IPC Sections 441, 503, 506, 447.
2. 
   Check His Sale Deed – Get a certified copy from the Sub-Registrar. A conditional sale does not transfer ownership automatically.

Legal Remedies:

1. 
   Injunction & Possession Suit – File a civil suit to restrain him under Order 39 Rule 1 & 2 CPC.
2. 
   Cancel His Sale Deed (if fraud is suspected) – File a case under Section 31 of the Specific Relief Act.
3. 
   Approach Revenue Court – File an objection with the Tehsildar.
4. 
   Criminal Case (if fraud exists) – File FIR under IPC 420, 467, 468, 471.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

File criminal complaint  for trespass under Section 329 of BNS, 2023. File complaint  in the  Court of Magistrate, a direction will be issued by Court to police to arrest the  accused, bring him before the  Court, file charge sheet and after trial he will be sent to jail. Filing any civil suit will prolong the  remedy.

Sir/Madam,

It seems to be a good case of goondaism and that goon can be sued as well as face criminal action. You are suggested to proceed accordingly. 

You need to take immediate criminal and civil action in above matter

You have strong legal options to counter this individual’s illegal claims and actions:

1. File a Police Complaint (Immediate Step)

Since he is trying to take possession of your land forcibly and creating a nuisance, you should immediately file a police complaint at the local police station under relevant sections of IPC:

• Section 441 (Criminal Trespass)
• Section 447 (Punishment for Criminal Trespass)
• Section 503 (Criminal Intimidation)
• Section 506 (Punishment for Criminal Intimidation)

If he has already ploughed your land, you can also mention criminal mischief (Section 425 IPC).

2. File a Civil Suit for Injunction & Declaration of Ownership

• You should file a suit for permanent injunction and declaration of ownership before the civil court.
• Seek a temporary injunction (stay order) under Order 39 Rule 1 & 2 of CPC to stop him from interfering with your land.

3. Verify the Alleged Conditional Sale Deed

• A conditional sale deed (if registered) does not automatically transfer ownership unless the conditions are met.
• Obtain a certified copy of the alleged deed from the Sub-Registrar’s Office and verify:

  • Whether the condition mentioned in the sale deed has lapsed.
  • Whether the consideration was ever returned.
  • Whether the document is legally valid.

4. File a Complaint Before the Revenue Authorities

Since the land is already mutated in your grandmother’s name, file a complaint before the Tehsildar/SDM to confirm that the mutation records remain unchanged and to take legal action against illegal possession.

5. Approach the Court for Possession & Eviction

If the intruder does not leave, you can file a suit for possession and eviction under Specific Relief Act, 1963, to remove him from the property.

6. Consider Filing a Case Under SC/ST Act (If Applicable)

If you or your family belong to an SC/ST community and he has harassed or threatened you regarding land possession, you can file a complaint under the SC/ST (Prevention of Atrocities) Act, 1989.

Your first step should be to file a police complaint, followed by a civil suit for injunction and possession. Also, verify the alleged sale deed’s validity and contest it in court. Do not engage in any physical altercation, and handle this matter legally through proper channels.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

- If that property is registered in the name of your grandmother then none having right over the same during her life time. 

- However, if you have inherited that property , then the said trespasser cannot claimed the said property after demise of your grandmother. 

- You can lodge an FIR against him for the offence of trespassing and extortion. 

- If no positive response then file a complaint before the Judicial magistrate 

- Further, you can also file a suit for Declaration and Injunction before the Court as well. 

If he's forcibly occupying your property without any evidence it can be considered as criminal trespass hence you can give a complaint against him for land grabbing and criminal trespass offence. 

Simultaneously you may file a suit for ejectment to eject him from your property and also for permanent injunction to restrain him from interfering in your possession and enjoyment of property. 

Dear Client,

The agricultural land in question,having been inherited to you byregistered sale deed in the name of your grandmother in 1979 and beingalso mutated in her name, grants you a significant legal title over the said property. The current claim from the man of your village, seeking theownership as granted for a definedperiod of two years on the basis of aregistered conditional sale deed, needs to be legally assessed. A conditional sale deed generally implies a mortgage-like arrangement, underwhich the seller-your predecessor-mayhave taken money under the condition that if the amount wasn't paid within two years, the ownership would transfer. This claim has to be checked against revenue records and legal documents for authenticity. If the mutation has taken place in thegrandmother's name without anychallenge within time and henceremained mutated the onus will lieupon the claimant, proving his title. Infact, as of now he's threatening withthreats physically so rush to police forlodging complaints pertaining tocriminal trespass (Section 441 IPC)intimidation (Section 506 IPC), wrongful restraint (Section 341 IPC), in order not to permit them further into trespass. Additionally, you must file a civil lawsuit for declaration and permanent injunction before the local civil court, insisting that your rights be confirmed and the trespasser be restrained from disturbing yourproperty. To make your case stronger, gather all title documents, revenue records, and past possession proofs. At the same time, file for status quo or a temporary injunction to prevent further disturbances. It will engage a property lawyer to effectively counterhis claims and ensure legal protection over your land.