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Author Topic: Land issue  (Read 127 times)

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Offline Animesh Rawka

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Land issue
« on: December 21, 2017, 11:36:42 PM »
Sir I have land 30by 50 feet land facing registerd . Now the group of few persons of surrounding area comes together and start to develop colony and get the t&c . Without my consent they started the work and do level work on my land . It seems that they want to be merge my land in their colony . What should I do ?
Give the name of Some act and rules so I face them
Thanks

Offline advjaibansal

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Re: Land issue
« Reply #1 on: December 22, 2017, 04:21:50 AM »
Dear Sir,

Please file a police complaint and as well as civil suit for injunction against them immediately restraining them from encroaching your land.

Regards
jai bansal. advocate
Supreme Court of india
New Delhi, 9868566649
bansal.jai@gmail.com
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: Land issue
« Reply #2 on: December 24, 2017, 09:48:05 AM »
Dear Sir/Madam,

It appears  your land is being encroached upon, possession can be re-obtained by invoking the provisions under Sections 5 and 6 of the Specific Relief Act, 1963 and Section 145 of the Criminal Procedure Code, provided one has all relevant documents like the purchase agreement, title deed, will (if land is obtained by way of inheritance), electricity, water, phone bills etc., in one?s possession.

1. Before you acquire the land, do due diligence (like whether it is registered with DTCP/CMDA etc). Do not hesitate to take expert legal help in this regard. Ensure that the land you intend to acquire is free from all encumberances, the person with whom you are transacting is the actual owner of the plot and that all the required documents are in order. This will help save a ton of trouble, later on.

If possible, acquire land where land and registration records are computerized. This provides a higher level of security for your plot and helps prevent encroachment through forged documents.

2. Once you acquire a plot of land (whether by purchase, gift, relinquishment or bequeathment) ensure that you get all revenue record mutations done in your favour. Also pay all regulatory outgoings like property and water tax etc. to the concerned authorities in time.

3. Register yourself with the Residents Association/Society of the concerned area where your plot of land is. This will help you build a good relationship with your neighbours. They will more readily warn you if any encroachment is taking place, so that you may take timely action.

4. Ensure that your property is physically protected by a strong wall or fence. If possible, bring out a small construction on your property and let out to credible tenants under a well-drafted tenancy agreement.

5. Monitoring and periodic visits to your vacant plot of land are a must. Try to visit your land frequently and let there not be a considerable time gap between visits. Reputed concierge services like the TTK Group?s YourmaninIndia.com can help you monitor/manage your land/property for a fee, of course.

If, despite all your precautions your land is encroached upon, possession can be re-obtained by invoking the provisions under Sections 5 and 6 of the Specific Relief Act, 1963 and Section 145 of the Criminal Procedure Code, provided one has all relevant documents like the purchase agreement, title deed, will (if land is obtained by way of inheritance), electricity, water, phone bills etc., in one?s possession.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003. Karnataka.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com

 

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