portion of my land occupied by my neighbours

T J SALMA (Querist) 26 May 2016 This query is : Resolved
I have around 1700 sq meter of land. Out of which around 270 sq meter is occupied by my neighbours from at least more than 20 years. Both of us have the original map of our lands. In comparing both the maps it shows that 270 sq meter belongs to us. But my neighbour claims that since he has occupied the land from more than 20 to 25 years the land should be given to him. Is this possible? If i file a case will it favour me.. there is nothing in the occupied land except 2 to 3 fruitful trees.kindly help .waiting for ur suggetions

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Guest (Expert) 27 May 2016
270 sq. meter is not small area in my opinion.

In future complication will rise a lot. Better sort it now only.

Either tell him if you claim adverse possession then take legal steps in court and you contest it there with help of your advocate

Else with your help of your advocate take legal steps to get back that land from your neighbor permanently

Since it is Land revenue matter , your state land revenue code required to be studied and you need to take local advocate help who is good in land revenue matter .

Many state Land Revenue code have provision within land revenue code for such problem and they are dealt in other forum under Land Revenue code and not Civil Court(Many times)

It is simple problem better solve them now only.

Additionally most imp. thing let him claim he occupied land for 20 years , you claim it is 2 months problem only . Here due to various complexity of law you need to claim he is occupying my land for 2-3 months only and you want him out.

Such agriculture land to prove that he is occupying for 20 years is difficult thing , don't give him anything in writing

Question is not of 2 /3 trees question will arise when either party sell land, either party next generation inherit land etc.

Such problem immediately solve .
Although legally he will try to claim adverse possession in court ,still you need to contest.

Now bit myself confused what is status of your state land revenue code , every state have different land revenue code.

Better approach local advocate immediately. Remember other side will try to delay matter in his legal interest you need to act fast in your legal interest. With claiming it is 2-3 months problem

P. Venu (Expert) 27 May 2016
You can approach a civil court. In the given facts, he cannot claim adverse possession.

Kumar Doab (Expert) 27 May 2016
It may not be possible to claim adverse possession.

You may obtain certified copy of all docs on record preferably under RTI e.g; Fard from beginning till date, Land map ( Shajraa-e Aks), all link docs, etc and show these to a very able counsel specializing in revenue/civil/property matters and well versed with local laws.

You may think upon starting from revenue authorities e.g; Tehsildar.

Your able counsel can opine the best.