Private property encroachment
Pradyum kumar
(Querist) 29 July 2016
This query is : Resolved
Respected Sirs,
I am Kumar residing in Madurai,
My father got 5acres of agri land in Kodaikanal in 1981, due to his health and family reasons he could not visit and maintain the land for several years but he routinely pays the property taxes and he has all the documents like sales deed, mother document, patta chitta, A register copy, FMB, Topo sketch, Adangal current, EC from 1981 to till date, up-to-date online chitta extract, surveyor's certificate etc.
Now he is in his seventies, when I went to see the land last week along with my father, the 2 nearby land holders not allowing us to enter our land. They said that my father's land is in their enjoyment now, they are asking for 50% of market value of land as compensation to vacate our land.
Somehow we managed and made them to agree for surveying our land first. After survey we came to know that our land is completely free from any encroachments. It is still completely tharisu (waste land) and not being done any agriculture activities, as we left it. But still they are asking for 50% of market value otherwise they threatened us that either they will not allow us to enter our land or not allow us to sell the land.
•They are not our relatives,
•We have not purchased the land from them,
•They are new to us and,
•We never left our land for lease to anyone,
•They don’t have any legal papers on our land (they don’t even know exactly how much land we own there),
•They are just nearby land holders doing all this in the intent to get money from my old age father.
Kindly help and suggest the proper way to deal with it.
Thanks in advance.
Kumar Doab
(Expert) 29 July 2016
Take possession.
Cover the boundaries.
Approach a very able counsel specializing in revenue/property matters.
If you are unable to manage the property that is far off, sell it.
Pradyum kumar
(Querist) 29 July 2016
Thanks alot Sir,
As you said we want to sell it because we are unable to manage it but the neighbors are not allowing us to enter into our property. I dont know what to do.
Kumar Doab
(Expert) 29 July 2016
No one can prevent you from entering your property.
The reason for such illegal actin is already described by you.(They said that my father's land is in their enjoyment now, they are asking for 50% of market value of land as compensation to vacate our land.)
You have also posted that:'After survey we came to know that our land is completely free from any encroachments. It is still completely tharisu (waste land) and not being done any agriculture activities, as we left it.'
The driving distance between Madurai and Kodaikanal is 112 km, while the aerial distance from Madurai to Kodaikanal is 66 km.By Train it is 41 Km.
https://www.makemytrip.com/routeplanner/madurai-kodaikanal.html
It is not that difficult to manage.
You may be having your own reasons.
Approach a very able counsel specializing in revenue/property matters.
Your counsel can help you to update record that it is not in anyone's enjoyment and ensure that you are not prevented and guide you further with practical solutions.
Pradyum kumar
(Querist) 29 July 2016
Thanks again Sir,
My father is in his 70's he want to settle this land dispute and other financial burden on him and I am also not into agriculture so he decide to sell the property.
Kumar Doab
(Expert) 29 July 2016
So sell the property.
Pradyum kumar
(Querist) 29 July 2016
Sir, the issue is while I take the buyers to show the land the neighbors (with bad intention of getting money) are making problems and not allowing us to even enter our land.
Pradyum kumar
(Querist) 29 July 2016
Sir, I approached police but it is of no use. Everytime I go to visit the land with the buyers, I am returning without able to show the land to them. so not able to sell it. The land is on my father's name, we have all the land records properly and they are updated current pakka land records.
Kumar Doab
(Expert) 29 July 2016
Approach a very able counsel specializing in revenue/property matters.
P. Venu
(Expert) 29 July 2016
In the given situation you need to do something positive, such as constructing a boundary wall.
P. Venu
(Expert) 29 July 2016
In the given situation you need to do something positive, such as constructing a boundary wall.
R.K Nanda
(Expert) 29 July 2016
Nothing to add.
Kumar Doab
(Expert) 29 July 2016
Repeated at:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=140282&offset=1
Rajendra K Goyal
(Expert) 30 July 2016
Well advised by the expert Kumar Doab, proceed as advised.
Kumar Doab
(Expert) 30 July 2016
As per your own post there is not encroachment, trespassing, agriculture activity on your land by anyone.
There are some person that are demanding so as to extort monies.
Kumar Doab
(Expert) 30 July 2016
It is good to see that some authors do come back to thank the experts.
Pradyum kumar
(Querist) 31 July 2016
True Sir, it is extortion for money.
Thanks all for your able advise.
