Suit for declaration and permanent injunction

Chaitrali Dev (Querist) 06 February 2024 This query is : Resolved
My Hindu family owns an ancestral property in a village in Pune. According to gram panchayat records, we have been the owners of the land since 1965. All gram panchayat records are in favour of us. A person bought our neighbouring property and during lockdown constructed a building in 2021. All these years everyone lived in harmony and no encroachments were done. My mother who was looking after property was critically ill and passed away in 2021. We do not have government land survey completed.

Our neighbour completed building and then using his local influence got land surveyor and it is not correct as some of our land is shown as his.

He also demolished two ancestral rooms and built a wall.

Can I apply for injunction without us waiting for government survey? Because he will demolish more. Please advise. Thank you.

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A Hindu family in Pune is facing encroachment on their ancestral land, with a neighbour allegedly using local influence to alter land records after demolishing ancestral rooms. They are seeking advice on whether they can file a suit for declaration and permanent injunction immediately, without waiting for an official government land survey, to prevent further damage to their property. Legal experts suggest filing a suit for possession, declaration, and injunction against the encroacher.

kavksatyanarayana (Expert) 06 February 2024
File a suit against the person who has shown your land as his land. Consult a local advocate with relevant papers for guidance or file a case.

Advocate Bhartesh goyal (Expert) 07 February 2024
You need to file suit for possession, declaration and injunction against encroache.

T. Kalaiselvan, Advocate (Expert) 07 February 2024
Yes, it would be proper that you file a suit for declaration of title and interests and also for possession and permanent injunction

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