Land encroachment and building construction by neighbour
My grandfather purchased a land in 1980. That land belongs to 8 member and he purchased from 7 people. After my grandfather it came to my father who is only one legal heir , and my father gave settlement to my mother along with other properties.
That one party who is living in that land started constructing house grabbing the whole land that we got from other 7 parties. That party doesnt have any documents for the land he is living except his father name is in patta , who is one among the 8, his father died long back.
We gave complaint in police, petition was given to land grabbing, Town planning , collectrate, Revenue department to survey our land for past 4 months. We are running behind all the departments for past 4 months. But none of them took any action, still the other party is constructing building in our property with his man and money power. My father is already 70 years old and my mother is 62 years old. We are 2 daughters n both of us got married and living with husband's family .
My parents are in big depression and don't know how to proceed further. I'm scared of losing my parents because of this problem. Kindly help us.
Asked in Civil Law from Pondicherry, Puducherry
Immediately file a civil suit for permanent Injunction against him before civil court along with an application Under Order 39 Rule 1 & 2 of CPC and claim temporary Injunction till the final disposal of the case.
the court has power to pass an ex-party as interim Injunction without issuing any notice to him.
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Advocate, New Delhi
1) you have to move court and obtain injunction restraining carrying of any construction on your plot
2) also file suit for partition of plot
3) also seek injunction restraining neighbour from creating third party rights on the plot
1. If you have already lodged complaint to police and all other relevant departments who have not yet acted, you should file a writ petition before the High Court against police and all other said concerned departments for their inaction praying for a direction upon them to act and submit report within next 15 days and also pass a stay order restraining the said person in further continuing construction on your land till the matter is disposed off.
2. Engage an experienced lawyer having expertise in this field to deal with your matter at High Court.
Since this property has been transferred to your mother's name, she has to file a suit for mandatory injunction and also to eject the unauthorised occupants from the property and also for demolition of the structures constructed by the opponent in the vacant site.
The authorities who are involved in this may not be of much help to you, the court is right place where you can get relief for this problem.
1. You are running behind people who do not have the authority of law to get you back your land. Your remedy is to file a suit for recovery of possession in the civil court if your title is clear. If you are able to prove your title the civil court will order the eviction of the trespassers.
2. Furthermore, you may also file a private criminal complaint under 200 CRPC for the offence of house trespass which carries an imprisonment of up to 7 years. Do not waste your time running after babus. Engage a lawyer to get going.