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Pradyum kumar   29 July 2016

Private property encroachment

Respected Sirs,
I am Kumar residing in Madurai, Tamil Nadu.
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.



Learning

 9 Replies

adv.bharat @ PUNE (Lawyer)     29 July 2016

You can file suit in court of law to get Possession of that land and declaration to evacuate the tresspasser.


(Guest)

You may file a complaint against the tresspassers and with the help of the police try to get them vacated. If the police is not helping file complaint to magistrate. Dont sit back. 

Kumar Doab (FIN)     29 July 2016

Repeated Query:

https://www.lawyersclubindia.com/experts/Private-property-encroachment--609826.asp

 

Kumar Doab (FIN)     29 July 2016

The author has posted in other thread also that there is no 'Tresspasser'.


(Guest)

respected mr. kumar

sir i am curious to know whether any offence of tresspass has been committed according to the facts of the above case? 

Pradyum kumar   29 July 2016

 

Thanks alot Sirs for all your kind reply.

@ Adv Rit Arora: Sir, It is 5 acres of agri land, actually on the field there is no any offence of trespass identitified, but just for getting money from my father on the name of compensation the neighbour is acting as if he had been doing agriculture on our land from 2000 to 2010.
Although if that would have happened it was without my father's concern (who is the legal owner of the land still).

 

Kumar Doab (FIN)     29 July 2016

In other thread you have 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."

You have been advised in both the threads.

You need to act.

Pradyum kumar   30 July 2016

Thanks Sirs for all your able advise

Pradyum kumar   30 July 2016

Thanks Sirs for all your able advise

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