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Brother encroached on my share of land what can I do
13-Jun-2023 (In Property Law)
1 & 2 are two brothers, having a joint account/ shared 1/2 area of agricultural land with verbally settled boundaries. now, 1 has constructed some in his share & encroached the area, also recorded the area as park/built in patwari ki girdawri/record(puts land in gram sabha land). Now will there be any affect on the share of 2 (as the accounts are joint and just verbally settled without any writings or walls as boundaries). if yes, then what steps can 2 follow 2 keep his share unharmed and can this area be removed from record as park if yes then under whose authorization. thnx
Ideally, if 2 is feeling threatened about his share, he should file a suit for partition and the land will be partitioned equally between the two. To prevent further encroachment, 2 must file a suit for permanent injunction against 1 and it would be wise at the same time to ask for partition.
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Adv. Angad Mehta
Delhi | 100+ Answers
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You have not disclosef about the title deed, whether property was purchased by you or ancestral property? Since there is no partition in writing ,you can not say which one is your area. As per your query if you are able to establish that your property is wrongfully mentioned as park; you cab get the record corrected. But as per your version you have nothing to prove therefore It would be better to file suit for partition. You can seek proper advise when you disclose all facts with relevant documents.
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Please file a suit for declration and partition with directions to demarcation and also challenge the endorsement and mutation entry before tehsildar and commissioner through an appeal of endorsement
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Adv. Harsh Kumar Gautam
Delhi | 100+ Answers
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Firstly, The recorded area as park on the agricultural land can be challenged at concerned SDM Office & Patwari and a Civil Writ Petition can be filled in the High Court challenging the same.
Secondly, If the land is jointly owned by both the brothers and is not proportionately partitioned legally than the recorded area of park will affect the shares of both the brothers. As only the balance area of agricultural land can be partitioned.
Secondly, If the land is jointly owned by both the brothers and is not proportionately partitioned legally than the recorded area of park will affect the shares of both the brothers. As only the balance area of agricultural land can be partitioned.
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Adv. Lalit Valecha
Delhi | 100+ Answers
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