Right over land which which is under your possession
Sir their was some portion of land behind our registered land which was earlier told to us by the property dealer as part of KHALA(Seasonal Water stream). So since 2001 we had planted some small trees and used that portion for KItchen Garden purpose,in between many people came claiming the land to be theirs but didnt showed us any papers.
Recently we built boundary walls to plug slippage of land around the portion which was under our possession for last 16 years, our Sale deed is dated nov 1996 we are living in the place since 2001. Some people came claiming the land to be theirs and uses Police force and and other /administrative machinery unofficially to break our boundary and cut the trees we have planted. Though we keep on asking the other party to show papers of property on basis of which he is claiming to be the owner but he didnt showed us any paper, we know that land is not his , he himself have encroached upon a large portion say 2000 sq yard of land and is trying to put pressure on us to leave land under our possession. The other party is having both money and muscle power and has bribed official to get his work done.
Since we do not have any papers of the land please advice us how to proceed legally with this case . We know other party is also trying to grab the land, he have felled almost all trees we had planted.
Asked in Property Law from Dehradun, Uttarakhand
1) apply to authorities for carrying out survey of your land and demarcation of boundaries of your land
2) if your neighbour is using muscle power to demolish area of land under your possession move court and seek injunction restraining demolition of wall on your land
3) on said suit mention you have been in possession of land for over 16 years
If you do not own this property then how do you think that you can claim its ownership?
Well you may say that you want to perfect the title by adverse possession, if that is the case you may apply for pattadar with the land revenue department or the Tehsildar on the basis of your possession and enjoyment of property for more than 12 years as on date. Let them give a reply or reject it after which you can approach court for declaration of title on the basis of adverse possession by filing a suit accordingly..
To neutralize the muscle power of this man you should file a suit for injunction against him and administration to restrain them from dispossessing you of this land. Possession is deemed as 9/10th of ownership, so you can claim injunction even if you do not have clear title of the property.