Dispute of land boundaries
My father has bought a agriculture land in 1996. We are in possession of land and were doing agriculture from then. In 2006 the near by land has been purchased by a person and he is now claiming that his part of the land is in our possession. We did not have any dispute with the previous owner ever since we bought the land. In fact we had marked the boundaries of the land in front of the old owner and documented the measurements in the registration document. However is not matching with the re-survey plan. Recently the new owner of the nearby land is trying to mark part of our land with the help of surveyors. What should I do now? Please suggest me the way forward. This guy is trying to persuade us with his decision with the help of local police. They are forcing us to make a decision within 3 months.
Asked in Property Law from Chennai, Tamil Nadu
You should apply to survey officer for demarcation of boundaries of your land
2) amicable settlement is best option
3) litigation is an expensive proposition
4) you can if you so desire move court and seek injunction restraining neighbour from disturbing your possession
5) rely upon demarcation of boundaries with the old owner as reflected in measurement sheet
You should not agree to his demand for marking your landed property into his land.
You can file a mandatory injunction suit agaisnt him restraining him from interfering into your possession and enjoyment of the property that belongs to you and also to obtain stay against his proposal to measure the land and mark the same in your property.
You may also issue a legal notice to the concerned police to not to interfere into the civil disputes and to not to force you to accept his proposal to give away your property to him which is illegal for which you may have to aproach concerned authorities for remedies.
In these circumstances you should immediately file a suit for injunction to restrain him from dispossessing you from your land. Police has no role to play in this. If this man's land is in your possession then a suit for recovery of possession can be filed by him in the civil court. The remedy is only before the civil court and not police. Apart from filing a suit for injunction, you may also file a caveat against him to preempt any adverse order.