• Land encroachment

My mom owns a 4 acres in Hyderabad near 15yrs now. But recently someone had put an illegal fence inside it. Not knowing who it was, we had it removed. A month later, the fence showed up again. After inquiring in the local court, we found that someone has an injunction against my Mom about his legal rights to the land and seeking court protection until the dispute is resolved. I think two people claim they have purchased the land (half acre each) recently from someone else and have the proof of ownership.

I want to discuss with you my rights and what options do I have. I don't want to pay a bully and empower him. Please advise.

Online the pahani records show my mom is the rightful owner.
Where as from the injunction case when I look for the survey number  reported by the two contenders, differs from ours. Further on their survey number's pahani records are suspiciously present only for the last two years up to 2014. No prior to that 2014. However they claimed, in the court documents, they have purchased the land in 2015.
Asked 6 months ago in Property Law from United States
Religion: Hindu
1) your mother has to contact a local lawyer and seek orders to vacate the stay order obtained by 2 persons . Mention that survey numbers of their land are different 

2) also seek declaration that she is the absolute owner of said land 
Ajay Sethi
Advocate, Mumbai
27370 Answers
1488 Consultations
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1. For a lawyer to advise you with respect to your rights and remedies you require the copies of the pleadings which you can obtain through a local lawyer.

2. If injunction has been granted by the court then it may be challenged in the High Court which can quash it.

3. If the title of your mom is clear then she can fittingly contest the suit for injunction, but the interim injunction will continue to operate unless it is vacated or set aside by the court. 
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
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1) apply to surveyor   office  for carrying out official survey of your plot of land  and for demarcation of your boundaries 
Ajay Sethi
Advocate, Mumbai
27370 Answers
1488 Consultations
5.0 on 5.0
Survey numbers have to be proved through sale deed and revenue documents and the previous sale deeds. 
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
5.0 on 5.0
This may be another high handed criminal work of some miscreants who try to grab the land/property illegally.
Probably they have got the exparte injunction order with the help of some corrupt machinery in the judicial system.
There is nothing to be worried, your mother, if she has not received the summons till date, can appear  before the court on the next date of hearing and il a petition to implead herself as a party to the suit (if she has not been made as a party to the suit by the plaintiff) or if she is already a party to the case, she can file her counter to the interim injunction application and should vacate the injunction and also should file written statement noting down the observed irregularities, refute their claim and deny their allegations based on the title documents in her favor including the revenue records that stand on her name.and defend her interests in the property properly with the help of a good and experienced advocate. 
T Kalaiselvan
Advocate, Vellore
17511 Answers
165 Consultations
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What is the official method of proving the survey numbers and their absolute boundaries? Survey numbers appear to be sub-divided so easily, I find the contest is between the last subdivision fragment. Such as 67/3 vs 67/7. Under each of them there are so many owners. Unfortunate that our land identification methods need to get much better. Meanwhile I am looking to identify an official method of procuring a proof of physical coordinates to present to the court.

To prove his claim in the property is his duty and burden.  
You can submit that the survey numbers which they claim do not fall in yor land and your property title documents have different survey number hence they are trying to illegally grab the property in the name of a fake survey number.  
To support yor statement you can produce before the court the copies of the documents held in your possession including the pahani records. 
T Kalaiselvan
Advocate, Vellore
17511 Answers
165 Consultations
5.0 on 5.0
1. Get the property Surveyed by an Amin to ensure that the Survey No. of your land is different from what has been mentioned in the injunction order as schedule of the suit property.

2. Also find out the exact land as per the survey no. mentioned in the injunction order.

3. After that lodge a police complaint against that person for encroaching in to your land illegally since the injunction order is for a different property having different survey number.

4. File a petition before the Court praying for vacating the Injunction order illegally availed from the court.

5. Contest the mail suit filed along with the injunction petition claiming title of part of your property challenging the sale deed of those persons claiming ownership of part of your property.
Krishna Kishore Ganguly
Advocate, Kolkata
13602 Answers
292 Consultations
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1. You can get your land surveyed by a registered Amin with proper Survey Number.

2. If you think that there is a problem of identifying their land, you can get actual location of their land identified by the said Amin by metes and bounds.

3.Act as advised in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
13602 Answers
292 Consultations
5.0 on 5.0

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