Hi,
I am a Non Resident Indian and I inherited my father's property in Kerala. In my revent visit last week, I discovered that my property was encroached by my uncle who cut down 15 Teak Trees, 2 mangroves, 15 Anjili Tree, 2 Cashew and 8 Coconut trees all amounting to INR 14 lakhs in loss.
He also has constructed a fence that now blocks right of entry into my property. Currently, I have to get into his property to access mine. The pathway was common for both the properties. The path led straight upto his house and the right path towards mine, which means we had a common entry from the roadside. The pathway however belongs to me according to the land documents which until now and for most part of 3 decades was eased as an entry to his house out of a concession which was offered not documented but verbaly. I do not want to block the right of entry into his property but I certainly do not want him to block mine by having it fenced.
I visited the Village office and asked for the map of the property and then found out that my uncle has not divulged most of the facts pertaining to the land when they approaced him to resurvey the land according to the new regulations. For eg: The streams, and walk ways were all undisclosed to suit his conveneince and were never told to the officers that came. You would also need to understand that there was a stream (active when it rains) that came from the highest point of the land and crossed horizontally beneath the pathway he has now blocked. (The landscape is a slope) The PWD has also constructed a culvert to facilatate the flow of the stream from higher grounds to pass through below the road and then horizontally across the pathway to finally merg with a larger stream about 200 meters down the property.
The village officers in their recent visit found the truth and since they had already resurveyed the land has reqeusted me to approach the Tahluk office and file a petition before the Tahsildar. They claim that the Tahsildars office will issue a resurvey order based on a master survey map that is several decades old to rectify the shortcoming and at that point we will have to be there to point out the stream and path way to be reinstated.
My question is:
For the stolen assets in my property: I wish to know how to claim this vide a criminal or civil case and should I also furnish a police complaint?
For reinstating the stream and path way: Will only the visit to the Tahsildar's office help? Or should I also move a case through the civil court. I have filed a petition and the land is scheduled to be resurveyed by the middle of March 2016.
A lawyer known to me said, I can demolish the fence and open the entry into my property without approaching any court or police. His claim after seeing my documentation and the property map was that the righful owner was me and that my uncle cannot prevent an entry that for most part of the past decade and more was my father's concession to my uncle and not the otherway around.
He prevailed on the fact that I should let my uncle prove to the world that he is the rightful owner. He further went on to say that I should allow him to approach the court and make a counter claim to see what he had in mind when he did this.
I have all the documents and tax papers and I wish to now move my case to a court my engaging a lawyer as things seemed to have gone out of my hand in dealing with the sitiuation. What are your suggestions?
Can someone help me understand, if I have taken all the required steps legally to cover myself from this sitiuation.
