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How to legalize encroached land
14-Oct-2023 (In Civil Law)
My father purchased a plot In 1985 in a town in Karnataka it was then a town municipality in our area now it is changed to city municipality corporation North end of our house face the street/lane it's not a main road it's a small connection road in residential locality But the southern part of is dead end after our land there is a government schools boundary there is a piece of land 13feet/40feet which we have encroached and construction was done 20years back as no one object to this because it was a government land and a dead end no one else can use this land now I want to legalize that land what are options available for me I can pay the fine or anything and legalize that in municipality or I have to approach court I have heard that ulc law is there can it help me
You need to make an application to the revenue department in the corporation for allotment of this land treating it as a marginal land. You need to pay the land price as on today. There would be a prescribed application form to be filled and submitted. Contact your area office of the Corporation.
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Raghavendra Rao B.K.
Bangalore | 200+ Answers
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What is the rule of encroachment?
In India, Section 441 of Indian Penal Code 1860 deals with property and land invasion. Encroachment is defined as when someone illegally enters another persons property or land. The IPC section 441 also covers trespassing on private property.
What is the limitation period for encroachment?
According to the Limitation Act of 1963, the period of time that a trespasser has the right to possess immovable property is 12 years for private property and 30 for public property. This is calculated from the day the trespasser occupied the property. 08-Aug-2019
How can we protect land from encroachment?
Build a simple boundary wall around the plot. Post a sign stating that you own the plot. This will alert others. Video surveillance systems can increase your sense of security and safety. Smartphones allow you to monitor trespassers. 03-Dec-2022
What is the legal action against land encroachment?
Encroachment can be punished under Section 447 IPC with a maximum of three months imprisonment and/or a fine up to Rs. 550. You can deal with encroachment legally by contacting the court under Order 39 (rules 1 and 2) for an injunction, and then claiming damages. 12-Apr-2023
What is the necessity of thinking about encroachment. If muncipality people asks for that then you pay the penalty and regularize it. You don't have to worry now. Go on enjoying the property.
If you want to purchase it then you will have to approach the Muncipality.
If you want to purchase it then you will have to approach the Muncipality.
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Adv. Rajeev S Vadrali
Gadag | 100+ Answers
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