Land ownership problem
Sudipta Jana
(Querist) 07 September 2013
This query is : Resolved
Sir/Madam,I have an ancestral land in West Bengal(Medinipur) at my native place.Since my father has always remain outside due to his job type we never build any house there.But now after his retirement he is interested in building and staying near to his realtives.But one of his sister(cousin)who happened to be residing beside our open land,had encroached a portion of it and denies to vacate.Even when we tried to build our boundary few years back, another neighbour has similarly opposed it citing some nonsense reasoning and case was taken to court.Court has given the verdict to build a boundary and the concern Police station has also been ordered to see that that thing happened amicably.But in the verdict the court mention that the boundary should be as per the sketch forwarded by the BLLR(Block land and revenue) office who has marked the region encroached by my aunt(aforesaid my dad's sister) in it and has also mentioned it to be encroachment area.But the Police who helped in building the boundary on one side after a negotiation with the opposition and we made some compromise but they cannot helped us in getting the wall on my aunt's side due their opposition lead by a back from politicians.We again went to court citing the opposition and not allowing us to build up the boundary,but it has been 6years or more and it is still running.The opposition has been very cunningly delaying the matter as they doesn't have anything in their favor and our advocate seems not to be very strong about.In the scenario we seek your advice on how to curb this illegal muscle power.My dad is a senior citizen,62yrs and has been very dejected about it.Also,in this year of retirement a good chunk of savings are wasting in the court case,paying the advocates.
ajay sethi
(Expert) 08 September 2013
you have no other option but to continue the court case . if your aunt has encroached on part of your land you have to take proceedings against your aunt to direct her to vacate the area encroached upon .
judicial porcess takes time
Rajendra K Goyal
(Expert) 08 September 2013
Either leave your claim (not advised at this stage) or continue with the litigation.
Court takes its own time.
Alternatively you can sell your land to some one who is not a senior citizen and can face long litigation. Buy some other site, the loss in process is better for mental peace for a senior citizen.
Sudipta Jana
(Querist) 08 September 2013
Thanks for your reply.As can be understood the law is in favor of harassing the noble citizen rather than helping them to claim their legal stake.If Law takes such a long time to establish the claim of the legal owner and by that time the illegal one enjoys it by the time which is near to a lifetime,it is worth condemning.
Dr. Jyothi Vishwanath
(Expert) 08 September 2013
Court is over burdened and tactics are played by some clients and lawyers to delay the cases. Genuine and true people do suffer. But this is all the process.
Best you sell the land and avoid tension to the father.
Rajendra K Goyal
(Expert) 10 September 2013
repeated query:
http://www.lawyersclubindia.com/experts/Important-land-ownership-hurdle-421306.asp#.Ui8u2D-Lq_I
Rajendra K Goyal
(Expert) 10 September 2013
repeated query:
http://www.lawyersclubindia.com/experts/Important-land-ownership-hurdle-421306.asp#.Ui8u2D-Lq_I
