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Author Topic: Land encroachment, need advice  (Read 5745 times)

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Offline basbrem

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Land encroachment, need advice
« on: July 22, 2013, 05:17:02 AM »

I have a plot registered on my name. The plot size is 1200 yards. Actual owner of the plot was my sister. She has gifted me this 1200 yards plot with gift settlement deed from her 1 acre 30 kuntas property patta. I came to know only my land is enroached by a neighbour. He said that the land belongs to him. As actual owner of the complete property was my sister, she has taken injunction order from the court for 1 acre 30 kuntas. My plot size is only 1200 yards from 1 acre 30 kuntas. Do i also have to put any case against the neighbour who has encroached or is it already sufficient that my sister is fighting for 1 acre 30 kuntas (in which my 1200 yards are also there). or do i have to put a plaintiff pitition in my sisters case?

If any one of you can give me a good advice to follow then its well and good.

thank you.
i look forward to your reply.

Offline advuma

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Re: Land encroachment, need advice
« Reply #1 on: July 22, 2013, 09:00:18 PM »
now that the plot is yours you have to file an eviction suit against the encroacher, this ins imperative.
vist a lawyer and get the need ful done right away
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline basbrem

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Re: Land encroachment, need advice
« Reply #2 on: July 23, 2013, 01:33:32 AM »
Thank you very much for the reply madam.

The encroacher has not built a hut or anything but when my brother went to do some cleaning of the plot they objected him saying that the land belongs to them. Could you please review the below information and let me know with you valuable suggestion? Thank you


My sister has a patta of 70 Guntas (8470 sq. yards). Few years back she has sold out an agricultural land that she had. After many years, one of the worker who used to take care of my sisters agricultural land informed her that she still has some land left after the sale which she didnt know for many years. Therefore as she has revenue records on her name, she applied and received a patta for 8470 yards property. From this property, she has gifted me 1200 sq. yards. The property that she got with patta is already sold to different persons by the person who has purschased agricultural land. Therefore my sister has took injunction order not only for my 1200 sq. yards but for the whole 8470 sq. yards. Now the next step for her is to prove that the land belongs to her and cancel all other registrations which have been done by other person (actually my sister has to do those registrations). So my sister informed me that they are fighting in the court and as soon as they win, they are saying that i have already a registered property from her so i can have complete rights on the property. Therefore now i am quite confused. Can i go directly to my 1200 plot and start building a compound wall? if some body pops up and asks me, shall i give a police complaint? and then file a case based on encroachment from my side? if i go to police then things will be turn around. I do not want police to be involved in this, as there is high risk of settlement or compromise and wastage of money. My sister is solely fighting in the court saying that this property belongs to her and if any registrations done without her, they need to be cancelled. I heard that the other parties are trying to speak with my sister for some money settlements. What are the chances that my sister can win th case? (as she has patta from revenue department and i have a registered property based on her patta)

Please let me know whether any action from my side is necessary when my sister is fighting for the complete property and she is promising me to give my complete rights once she wins the case (will there be any draw backs: means if my sister compromises with the encroacher, can they settle themselves without knowing me? because i have registered document on my name). Do i need to take any safety action so that i do not loose this property?

thank you very much inadvance

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Re: Land encroachment, need advice
« Reply #2 on: July 23, 2013, 01:33:32 AM »


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