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FIYAZ   11 November 2016

Neighbours enroached 30 cent of inherited land

After more than 30 years when we surveyed the land my mother got from her father to check total area belonging to us it was only 30 cents while my mother inherited 60 cents from her father. Since our neighbours have built walls in our area. what can we do since we dont have proper papers to prove that land belongs to us.

Our neighous are not letting us check their property deed and papers since they have enroached our land for more than over a decade. After surveying now we are only left with 30cents and we went to the village office and got the 30cents in our name. How can we get back our remaining land?



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 3 Replies


(Guest)

In any land dispute where border problem arise first thing is to get hold of survey sheet of that area, then again previous survey sheet if the previous survey ( was done or so)  . The name can differ in your state as per local usage but in plain English, it is called Survey sheet. 
 

Once you get survey sheet then it has to be examined by the surveyor  . Now, Surveyor,  there is course but the same subject is also included in civil engineering and architecture as surveyor and levelling etc. 

Generally Land record dept. appoints one officer called technical wing officer who has studied that subject or he has passed the qualified  exam of state or surveyor general of India etc.

With his help, you need to conclude how much he has encroached on your land etc. 

Whole survey sheet is marked with the various plot , with survey no , sub survey no. you need to pick up in mind those no. and then if available check legal file of that plot (In Maharashtra it is called self-index file , all papers which are submitted you will get in that file by that plot holder , after that get zero under RTI self-index file).

After this documents collection etc. then only further input can be given , it is technical and legal interlocking field . Because such survey things are not taught in LLB course in spite it comes under rules of state land revenue code and surveyor don't know much about land revenue code or bare act or court proceedings .

Once you conclude what is the problem with the analysis of the land survey sheet and record then next step should be thought over. Decision should be based on how to get fastest result legally and then permanent solution because such violation takes place of multiple law , and it depends upon personal case to case which can not be given blanket reply this way is ok or that

Traditional records too are available you need to search in Govt. offices because land border dispute is oldest civil dispute in my opinion

It is also observed that some land area is more in land record some land area is less in land record there are various error in land record measurement , your land record may be correct but others land record may be wrong. so to solve the problem you need help of land record dept. to get all documents and then conclude what exactly went wrong.

 

 

 

FIYAZ   11 November 2016

Since i dont have any land recoed of how much i own i can only confirm after checking my neighbours papers on where his and my boundaries are. After checking govt offices they confirmed that the papers are destroyed due to oldness since its been more than 50 years and they havent had a district survey that time frame.

Thankyou For the reply :)

Kumar Doab (FIN)     11 November 2016

Obtain the mutation records and link documents from concerned revenue office/officer e.g; Patwaari with all link documents.

 

If required go thru mother doeument say; Shajra-e Aks.

 

Local counsel specializing in revenue/proeprty/civil matters can help you.


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