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How to file a case for land dispute


09-Jun-2023 (In Property Law)

How to resolve land dispute

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 (7)

Answer #1
63 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:
 

  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.
     

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.
 

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. 


People also ask

Who solves land disputes?

Aside from maintaining the land records created by the Patwari, the Tehsildar also hears land disputes between two or more parties and makes a decision after referring to the official records in his possession.

How do I clear my land dispute?

Negotiation and mediation: This involves the parties involved in the dispute negotiating and coming to a mutually agreeable solution. ... Filing a civil suit: If negotiation and mediation fail, the parties may file a civil suit in the appropriate court to resolve the dispute.

What steps can a person take in case of property dispute?

Some of the key ways to resolve property disputes in India include negotiating a settlement through mediation, filing a civil suit in court, or using alternative dispute resolution mechanisms such as arbitration or conciliation.

  
Answer #2
898 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.
Answer #3
852 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.

Answer #4
786 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.
Answer #5
808 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.
Answer #6
392 votes

Resolving a land dispute can be a complex process, but it's essential to address the issue effectively. Here are steps to consider when dealing with a land dispute in India:

  1. Consult an Attorney: The first and most crucial step is to consult with an experienced property attorney. They can provide legal guidance and assess the merits of your case.

  2. Gather Documents: Collect all relevant documents related to the land, including property deeds, titles, agreements, and any correspondence that may be pertinent to the dispute.

  3. Mediation: In many cases, disputes can be resolved through mediation or negotiation. A mediator can facilitate discussions between the parties involved and help find a mutually acceptable solution.

  4. Issue a Legal Notice: If mediation fails, your attorney may recommend sending a legal notice to the other party, outlining your grievances and intentions to resolve the matter legally.

  5. File a Lawsuit: If negotiations and legal notices do not lead to a resolution, you may need to file a lawsuit in the appropriate civil court. Your attorney will prepare the necessary documents and represent your case in court.

  6. Obtain an Injunction: In cases where immediate action is needed, such as preventing further construction or land encroachment, you can seek an injunction from the court to stop any unauthorized activities on the disputed land.

  7. Evidence and Witnesses: Gather evidence to support your claims, such as property records, witness testimonies, photographs, and any other relevant documentation that proves your ownership or rights to the land.

  8. Court Proceedings: Attend court hearings and follow the legal process diligently. Your attorney will present your case, cross-examine witnesses, and argue on your behalf.

  9. Judicial Decision: The court will eventually make a decision based on the evidence presented and the legal arguments. The judgment will determine the rightful owner or the resolution of the dispute.

  10. Appeal if Necessary: If you are not satisfied with the court's decision, you have the option to appeal to a higher court. Your attorney can guide you through the appellate process.

  11. Execution of Judgment: If the court rules in your favor, you may need to take steps to enforce the judgment, such as eviction of trespassers or the transfer of property ownership.

  12. Alternative Dispute Resolution (ADR): In some cases, parties may opt for alternative dispute resolution methods like arbitration or conciliation to resolve the land dispute.

It's essential to engage a knowledgeable attorney who specializes in property law to navigate the legal complexities involved in land disputes. Additionally, maintaining clear and accurate records of all transactions and communications related to the land can strengthen your case. Remember that each dispute is unique, and the resolution process may vary based on the specific circumstances of your case.

Answer #7
53 votes
Communicating Openly. ... Obtaining Legal Guidance. ... Producing the Relevant Documentation. ... Filing a Claim or Lawsuit. ... Ordering a Temporary Restraining Order. ... Observing Court Procedures. ... Presenting Witnesses and Evidence. ... Making use of Alternative Dispute Resolution (ADR)

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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