Mutation and encroachment
Querist :
Anonymous
(Querist) 04 April 2010
This query is : Resolved
Respected experts,
I am in trouble with my immovable property.One person encroached upon my open land to the extent of 50 Sq.Mtrs. out of my 2000 Sq.Mtrs. area before 35 years. In the year 2000 encroacher has mutated this 50 Sq.Mtrs. land in local Municiple Council's name on Property card and shown himself as a lessee of Municiple Council by making fabricated document.The concern office T.I.L.R. has deducted 50 Sq.Mtrs. area out of 2000 Sq.Mtrs.and prepared new C.T.S.Number. On this new C.T.S. number Municiple Council shown in the ownership column and encroacher shown as a lessee of M.C. Now I want to vacate encroacher from my land and delete the name of Municiple council which is shown as an owner on Property Card.Please advice me which legal steps should I take to protect my immovable property in the eye of law?
niranjan
(Expert) 04 April 2010
If the Mun,record speak of mutation of 35 years,you cannot do anything,but if 12 years are not completed to that mutation, you can file suit for declaration and possession.SAnd whether you were paying the tax including that 50 sq.mtrs?.When new CTS came into existance?You can challenge basing your cause of action on that.
