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can independent khatauni owner be encroached under duress by cousin?
01-Oct-2023 (In Property Law)
I with my brother and father have ancestral lands in our name .All of us have different khatas ,names registered in khatauni for 30 yrs.My two cousins who have the same amount of land, say that there should be redistribution of land. We disagreed, they claim that their portion is not fertile and during consolidation we got better portion of land.Though all our lands are separate,no joint names on khatauni, they threat to encroach on land by force and file a case. Property is not joint ,no partition required. Can they encroach on our land by force? No dispute raised, pending in court in past.
No need to worry..they should raise the dispute before DDC..if the title is not joint then they can't raise any dispute regarding the issue of infertility of land..so there's nothing for you to worry about..rest if they try to occupy some part of your land then you have remey available at your end.
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Adv. Abhijat Pratap Singh
Lucknow | 25+ Answers
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To avoid any future dispute it is suggested to fence the land with barbed wire. Technically encroachment is illegal and anyone can enter - but to get them out you have to go through the same legal processes. If you are not in good terms with your cousins it is ideal to give a complaint to the local PS and to the tehsildar for the expected encroachment.
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Adv. Atulay Nehra
Noida | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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