encroachment of land
1 month ago
I have an agricultural land of one acre and the person next to my land has made road in my property. When I requested the municipal to measure my land he only gave me back 1 cent of my land and two cents of my land is still used by him. How should I proceed legally because the man is bribing the local municipality.
A.Dear Client,
In the given situation, if you intend to address a dispute or claim ownership of immovable property, it is advisable to follow a legal course of action. Firstly, serve a legal notice to the person involved. Subsequently, you may consider filing a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963 before the competent Civil Court.
Within this suit, you can request an injunction under Order 39 Rule 1 & 2 of the Civil Procedure Code (CPC), read with Section 151 of the CPC. This entails seeking the Court's intervention to exercise its inherent power to ensure justice is served.
It's important to be aware of the time constraints set by the Limitation Act, 1963. Article 65 of the Act stipulates a 12-year time limit for a suit for possession of immovable property or any other interest based on title by the owner or their legal heirs. The 12-year period begins when the possession of the defendant becomes adverse to the plaintiff.
By following these legal procedures, you can pursue a resolution to the property dispute through the judicial system while adhering to the relevant statutes and regulations. Seeking the guidance of legal professionals during this process is recommended for a thorough and effective pursuit of your rights.
In the given situation, if you intend to address a dispute or claim ownership of immovable property, it is advisable to follow a legal course of action. Firstly, serve a legal notice to the person involved. Subsequently, you may consider filing a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963 before the competent Civil Court.
Within this suit, you can request an injunction under Order 39 Rule 1 & 2 of the Civil Procedure Code (CPC), read with Section 151 of the CPC. This entails seeking the Court's intervention to exercise its inherent power to ensure justice is served.
It's important to be aware of the time constraints set by the Limitation Act, 1963. Article 65 of the Act stipulates a 12-year time limit for a suit for possession of immovable property or any other interest based on title by the owner or their legal heirs. The 12-year period begins when the possession of the defendant becomes adverse to the plaintiff.
By following these legal procedures, you can pursue a resolution to the property dispute through the judicial system while adhering to the relevant statutes and regulations. Seeking the guidance of legal professionals during this process is recommended for a thorough and effective pursuit of your rights.
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A.Dear Sir,
Get your land surveyed and if there is any encroachment and then file a suit for recovery of possession of the encroached land on the basis of report submitted by land surveyors.
Get your land surveyed and if there is any encroachment and then file a suit for recovery of possession of the encroached land on the basis of report submitted by land surveyors.
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A.Dear Client,
In the given situation, serving a legal notice to the person, file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. Reach out to an Advocate experienced in property matters for guidance and steps.
In the given situation, serving a legal notice to the person, file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. Reach out to an Advocate experienced in property matters for guidance and steps.
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