If neighbour has been in open ,hostile ,un interrupted 

possession fir 12 years law of adverse possession would be applicable 

get survey of your land done .issue notice to vacate encroached portion 

If he refuses file suit for eviction of neighbour 

The law of adverse possession under the Limitation Act, 1963, does apply to private land in Punjab. If someone has occupied private land continuously, openly, and without your permission for 12 years or more—and the true owner has not taken legal action in that time—they may claim ownership under “adverse possession”.

However, several strict legal criteria must be satisfied for adverse possession to apply:

• The possession must be continuous, open, notorious, and hostile to the interests of the true owner for 12 uninterrupted years.

• The possessor must show clear evidence (such as electricity bills, property tax receipts, or witnesses) that they were using the property in a manner inconsistent with your rights.

Your case details are important:

• You personally saw the land unbuilt in October 2014, which shows that, at least until that year, there was no adverse possession by the neighbours.

• If you file a suit now, in 2025, only 10–11 years have passed since your last acknowledged possession—so the 12-year adverse possession period has not run out. Neighbours cannot successfully claim adverse possession if the encroachment (building) post-dates 2014.

If the 12-year law were to become a potential barrier (in general or in future), the burden to prove the date of encroachment always lies on the adverse possessor, who must show their construction and use has been open and unchallenged for more than 12 years. As a landowner, you may use the 2014 survey, photographs, or witness affidavits (including your own testimony of visiting in October 2014) to demonstrate when the encroachment began, thereby defeating any claim of adverse possession.

In summary:

• The 12-year rule does apply but is not satisfied in your case, given your 2014 evidence.

• Proof of when a neighbour started encroaching is based on your records, visits, survey reports, local witnesses, or any documentation showing ownership or possession.

Immediate legal action to recover the encroached land is advisable to prevent further complications. For personalized advice and assistance with filing suit, you may contact us.

• Adverse possession (12-year law) means if someone occupies your land openly, continuously, and hostilely for 12+ years, they may claim ownership.

• Since the land is in your father’s name with Fard proof, ownership remains with you unless someone proves continuous possession for 12 years.

• If you were on-site in 2014 and there was no encroachment, the 12-year clock cannot apply before then.

• Neighbours cannot claim adverse possession unless they show uninterrupted occupation for 12 years before your objection.

• Your case is about illegal encroachment, not adverse possession. You can challenge it legally with surveyor’s report and Fard.

In short: 12-year law doesn’t protect the neighbours in your situation. You have a valid claim to recover the encroached land.

please inform in which year were constructions made on your plot in order to enable me to answer better

In t5he absence of registered title deed the fard serves as crucial proof of property ownership.  It's a prerequisite document for registering sales, gifts, or leases. It will provide the details of names of the owner(s) and their respective shares in the property, details of who cultivates the land and its current usage status, it can also provide a history of the land's previous owners. 

On the basis of the available records, you can get the land surveyed by the government surveyor, get your property marked provided your names (at least your father's name) are there in the revenue records.

Then you can issue a legal notice to the occupiers to vacate and deliver vacant possession of the encroached property. If there is no response you may file a suit for declaration of title as well as for delivery of possession of the encroached property. You can also file an application in the same suit for temporary injunction against them to restrain them from further encumbering or alienating the property in any manner till the disposal of the main suit

Adverse possession requires 12 years of open, hostile, uninterrupted possession. Since you personally saw the land vacant in 2014, the neighbours’ construction is recent and they cannot claim 12 years. You can prove timing through survey report, building permissions, and utility records. File a civil suit for possession and injunction in Jalandhar based on the Fard and survey.

You can have demarcation report done then file suit fir eviction of trespasser 

For land encroachment, the Tehsildar is not the authority to take any action.

The court of law is the only competent authority to decide about this encroachment on the basis of the evidences let out in the trial proceeding of the civil suit to be filed in this regard.

The patwari also is not the authority to do the demarcation without any order from the court especially if the matter is referred to the court of law.

Yes you can do the above demarcation by applying to the tehsildar and paying their charges 

Jatinder ji,

Yes, in encroachment cases the usual first step is to approach the Tehsildar/Naib Tehsildar and request a demarcation through the Patwari/kanungo. That demarcation report will officially confirm the extent of encroachment and strengthen your case.

Once you have that report, you can file a civil suit for possession and permanent injunction in the Jalandhar court. Even if you go directly to court, the judge will generally order a demarcation, but having it beforehand saves time and gives you a strong base.

- As per law of adverse possession , it applied in your case 

- If there is any trouble in the possession then you can file a declaration suit for declaring the legal owner of the said property on the ground of adverse possession. 

Dear Client,

Based on the facts you’ve shared, the 12-year law of adverse possession does not bar your claim at this stage, because you yourself saw the land vacant as late as 2014, meaning any encroachment could only have started after that date, and therefore the neighbors cannot yet establish 12 years of continuous hostile possession; the practical next step is to apply through the Tehsildar/Kanungo for a Patwari demarcation report to officially record how much of your 19 marla plot is encroached, and then proceed to file a civil suit for possession and injunction using that report, along with your fard, inheritance records, surveyor’s findings, and your testimony that the land was vacant until 2014, this combination will put you in a strong position to recover the encroached portion.

I hope this answer helps you. For any further queries, please do not hesitate to contact us. Thank you