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how to file a case for land dispute


03-Jun-2024 (In Property Law)
I have my land registered in my name 3 years back. I once started to build boundary wall but the adjacent neighbour has issues with it. They claim that they have 5 feet land towards us but i have fool proof registered the deed of land in my name.If i ask for the papers they don't produce and the matters ends up physically most of the time. There has been a lot of physical fight many times and the situation is a stalemate. How can i legally get help of goverment body who can legally in their presence help me constructing. I am ready to produce my all documents. How is it possible to fullfill my requirements. how to solve land problems, The land is in patna, bihar.
Answers (5)

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/]

Answer #1
363 votes

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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  1. 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.

  2. 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.

  3. 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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Answer #2
981 votes
Yes if the land is yours and it is in your name with registration and all you have a claim on it. You file a petition before SDO writing all your grievances, give a copy of it to District Magistrate, SP & local police station. Request them to verify and demarcate your land so that you can put your boundary, also request them to provide police force so that any possible fight should be avoided.
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Answer #3
719 votes
In the given situation, you will have to file an application for mutation or demarcation of your property. Also, you can file a suit for declaration in the jurisdictional civil court along with the documents supporting your claim. You can also file a RTI asking for the property documents and title papers from the tehlisdar office or MCD which will clarify things for you in this respect as well.
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Answer #4
590 votes
Make complain in police station, if they refuse to register FIR then you have to file case regarding this issue, and only after studying the papers any Advocate can suggest you what kind of case lie in your complain.
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Answer #5
624 votes
Solution of problem is that first you may made demarcation of land by sarkari amin and prepare Nazri Naksha and find out whether you are in real possession.If you are correct then go to Civil Court or contact in my office.
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