How to resolve land dispute

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. The land is in patna, bihar.

Answers (4)

276 votes

As you have stated that you have a registered sale deed in your name and your neighbor is unable to produce any documents supporting his claim over the land, you can protect your property by taking the following measures:

  1. 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 neighbor. You can take help from an experienced property lawyer for this.

  2. Demarcation of property: Another option is to get the demarcation of the land done. 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 neighbor. You can ask for a permanent injunction restraining your neighbor disturbing the possession of land by you. For this purpose, it is recommended to take help of a good property lawyer.

Why do you need a lawyer?

Sometimes the law and the legal framework can get confusing and difficult to understand, especially when the issue is regarding a dispute related to family 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 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 as quickly as possible.

Consequences of not addressing the issue timely

Property disputes between neighbors 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, who can guide you with the case and can help you get your share in the property in an effective and less time-consuming manner.

272 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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154 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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312 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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