how to file a case for land dispute
03-Jun-2024 (In Property Law)
Do not take self-help; first verify and download your Jamabandi/khasra and mutation on Bihar Bhumi and apply for official demarcation/mutation through the Tehsildar/SDM (use Bihar Bhumi online services). [http://biharbhumi.bihar.gov.in/Biharbhumi/] Then seek free legal aid/mediation/Lok Adalat through the Bihar State Legal Services Authority or Patna DLSA to attempt an amicable settlement. [https://patnahighcourt.gov.in/bslsa/RTI.aspx] If the neighbour threatens or interferes, report it to police (criminal remedies for wrongful restraint/trespass under the Bharatiya Nyaya Sanhita apply) and ask for protection; contemporaneously file a civil suit for declaration/possession and an interim injunction under Order XXXIX Rules 1'2 CPC to restrain interference (courts routinely protect peaceful possession pending trial, see Rame Gowda v. Varadappa Naidu). [https://sudhirrao.com/section-126-bns-section-126-of-bharatiya-nyaya-sanhita-bns/] [https://advocategandhi.com/understanding-application-under-order-39-rule-1-2-cpc-temporary-injunctions-explained/] [https://sooperkanoon.com/case/668658/]
If you have a registered sale deed in your name and your neighbour is claiming part of your property, even though he unable to produce any documents to support or prove his claim over such land, you can protect your property by taking the following measures:
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File a Complaint u/s 441 of the Indian Penal Code:�Section 441 of the Indian Penal Code defines ?criminal trespass?. It states that anybody who enters a property which is in possession of another person with the intention to commit an offence or to intimidate, insult or annoy any person who is in possession of such property, or has lawfully entered such property but unlawfully remains there has committed criminal trespass. Thus, you can file a criminal complaint under this section against your neighbour. With LawRato, you can take help from an experienced�property lawyer�for all your property law requirements.
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Demarcation of Property:�Another option is to get the demarcation of the land done through court. The demarcation of land is intended to ensure the owner?s right on the property. It establishes the boundaries of the land which is under the possession of its real owner assuring the protection of the demarcated land and keeping invaders away.
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Civil Suit for Encroachment of Property:�You can also move an application in a civil court and can seek orders against the encroachment of land on your property by your neighbour. You can ask for a permanent injunction restraining your neighbour disturbing the possession of land by you. For this purpose, it is recommended to take help of a good property lawyer. You can even educate yourself further on property laws.
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Why do you Need a Lawyer for Property?
Sometimes the law and the legal framework can get confusing and difficult to understand, especially when the issue is regarding a dispute related to property. In such a scenario, one may not realize how to determine the legal issue, the area to which the issue relates to, whether the issue requires going to court and, how the court procedure works. Seeing a lawyer and getting some legal advice can enable you to comprehend your choices and can give you the certainty to enable yourself to determine your legal recourse.
An experienced�property attorney�can give you expert advice on how to handle your property issue owing to his/her years of experience in handling such cases. An experienced property lawyer is an expert on the laws and can help you avoid significant mistakes that may cause financial harm or will require future legal proceedings to correct. Thus, by hiring an attorney a person can make sure that he can avoid delay and get your share in the property in a timely manner.
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Consequences of not Addressing the Issue Timely
Property disputes between neighbours�are a common occurrence in India these days. Legal disputes over property take place across people at different levels in the society, be it households with low-income or wealthy families. Ownership of the property can be challenged by any third person and the property can be put to dispute for years unless resolved by the courts. Thus, it is important to deal with the issue as soon as possible with the help of an experienced property lawyer.�
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