• Illegal trespassing by adjacent land owner

Dear sir,
I own a small piece of 5 acres of land, and my adjacent land owner is trying to encroach my land by keeping his property documents, the location where we both got land has not done podi   around 500 acres, 

The fact is my adjacent land owner has not taken the possession of the land which he bought in the year 1964 . and the land owners who have sold the land to them are still in the possession  (47 years)  and they have made a private layout out of that land.

My land is his adjacent land and i am doing agricultural activities in this land from past 50 years.

My adjacent land owners instead of taking possession of the land which he purchased he is coming to my land by keeping the adjacent land documents  by taking the advantage of podi not done for the entire survey no which consists of 500 acres.

As per my knowledge he has changed his schedule sketch which he has attached to his sale deed and he is trying to attached forget sketch showing my property location in his sale deed (1968)

I have not transferred RTC and Katha in my name from my grand fathers name. however i am in the possession since 50 years by constructing house, and living there only by paying tax to local municipal authority.

Kindly advise how to protect my land.
Asked 11 months ago in Civil Law from bangalore, Karnataka
If he has forged the schedule attached to the sale deed then he is criminally liable to be prosecuted for cheating and forgery if you file a criminal complaint against him. This apart, to stop him from trespassing to your land you can immediately seek injunction against him from the civil court. Once injunction is granted your land will be safe,
Ashish Davessar
Advocate, Jaipur
18242 Answers
449 Consultations
5.0 on 5.0
1) get the property transferred in your name . 

2) if your grand father has left will apply on basis of will for mutation of property in your name . 

3) enclose copy of grand father death certificate . 

4) notice would be issued to all legal heirs 

5) if no objection received property would be transferred 

6) if your neighbour is trying to encroach on your land fiile police complaint against him . 
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
file an application seeking transfer of mutation into your name immediately, next is lodge a written complaint with the police that the adjacent land owner is trying to encroach your land, they will register an NCR and thereafter you should proceed to file an injunction suit against that land owner from encroaching your land.
Start this process today itself, before he takes over your land right under your nose.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
51 Consultations
5.0 on 5.0
Hi, first you have to fence your land so that others will not enter into your property.

2. If the adjacent owner tried to interfere into your property then file a suit for bare injunction restrain him from interfering with peace full possession and enjoyment of the property. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Firstly you issue a legal notice to the neighbor instructing him to not to interfere in your possession and enjoyment of your property and also can warn him of legal action both through civil and criminal laws for the reliefs if he is trying to trespass or encroach your property by creating forged or fabricated documents.
After that you should file a caveat petition before a concerned court against him so that he doesn't takes exparte injunction against you,
After that you may apply for transfer of revenue records in your name with the revenue department including change of name in khatha.
In the meantime you may plan to file a mandatory injunction suit against him seeking to restrain him from interfering in your possession or alleged attempt to trespass.
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
You can approach the court and seek an injunction against the land grabber restraining him from indulging in such illegal acts as well as from interfering in your possession of the property.
If you find the police excess, you may file a complaint against them with the state human rights commission seeking restraint and relief against them.
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
1)( file declaratory suit that you are absolute owner of the land 

2) obtain injunction restraining your neighbour from disturbing your possession of land 

3) if police file false cases against you and police is refusing to take your case file complaint before magistrate under section 156(3) to direct police to investigate and submit report 
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
Apply for anticipatory bail if the FIR has been lodged and thereafter you may move the HC for quashing depending on what is stated in the FIR. Move the civil court immediately through a suit for injunction to restrain them from committing trespassing.
Ashish Davessar
Advocate, Jaipur
18242 Answers
449 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18242 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0