LAND DISPUTE ISSUE
3 years ago
My neighbour and me staying in house made in land only since 40 years. But the owner of land got its registration under bhoomi dhari yojna. Now I have purchased back the whole land from them with proper mutation and registry documents in 2017. Now my neighbour who was also living in the house in the same land claims his share in the land. But at the time of purchase he has not spent any penny on land. My question is that I let him stay in the land out of sympathy but now he is creating problems for me. So I can put a notice on him to empty my land and his house on which he is residing already since 40 years.
mohd mahboob
Responded 3 years ago
you will be properly writing a letter to District Registrar along with evidence and a request to remove bhoomi dhari yojna.
you also file a writ petition in High Court for the direction of remove Bhoomi dhari yojna.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
He can claim adverse possession, where a person who has been in continuous possession of and using the property for more than 12 years has a right to claim it as his own. However, your claim is stronger and supported by law, as you have actually purchased the land; it was only out of your goodwill that you allowed him to continue staying there.
File a suit for declaration of title and then you can have him evicted from the property.
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Yes, you can file a suit to have him evicted from the property. However, he will be able to claim adverse possession, so the onus will be on you to prove he was not in continuous possession of the land.
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