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Legal service India => Property laws => Topic started by: santoshma on March 30, 2016, 01:37:45 PM

Title: Neighbor is objecting on building permanent boundary wall
Post by: santoshma on March 30, 2016, 01:37:45 PM
We stay in Maharashtra. We have house in our village, and there is a piece of land is in backside of my home and boundaries of this land is covered by compound made by small plants. Since my birth (Last 38 years) I have seen this compound on our land. Now we want to build permanent wall compound on our land. However one big personality of the village is now objecting on it, he is saying that few piece of land is owned by him and we cant build permanent compound. He also threaten us that he will demolish the toilet build by us on that land. Toilet was build  20 years back. I dont know what papers says, but few relative told me that  we are using these land for more than 50 years. My father and grandparents are not alive. So please suggest me what Can I do?  Can I claim this whole land to transfer in my name as we are using this land for many years ? 
Title: Re: Neighbor is objecting on building permanent boundary wall
Post by: rajgopal sripathi on March 30, 2016, 09:16:53 PM
Hi
Need to check the boundaries that are mentioned in your document.
Also you should get your property surveyed by revenue authorities to know the exact boundries of land.
Assuming you are in in adverse possession and in good faith i.e without any intent of trespassing and illegally occupying the land belonging to others and that too for a period of more than 20 years, you can claim ownership of the land.
Please note that the courts have been viewing laws pertaining to adverse possession very critically, but have been supportive in cases where there is no Bad faith Adverse possession.
Refer to case law on how the law of adverse possession is being critically viewed recently by courts :

IN THE SUPREME COURT OF INDIA, CIVIL APPELLATE JURISDICTION, PETITION FOR SPECIAL LEAVE TO APPEAL (CIVIL) NO. 28034/2011, (Arising out of CC 9038/2010)
Hope this helps
Title: Re: Neighbor is objecting on building permanent boundary wall
Post by: santoshma on March 30, 2016, 11:59:29 PM
Thank you Raj sir. As per my understanding we are using this land for more than 50 years, and my father or grandparents have never told me about the ownership of neighbor. My father and grand parents are not alive. After recent death of my father ,  he is saying that 25 years back he had objected on using land and building toilet on that land, however after meeting with my father he allowed that time, without any consideration (No evidence available). He has given permission to build toilet that time. He stays in village and has no objection till this year. But somebody has motivated him to take objection on us for building permanent compound wall.  He also aware that there is no benefit to him even if I left that land, but still he want to pull my leg. Really its just bad politics.