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Sanjeev   12 October 2017

Land illegally occupied

Hi Sir/madam,

I am from banswada ( kamareddy distirict, Telangana state). We have one land with one survey number of two pieces. Both occupied by two people .. This land is on my grandfather name, this we came to know in last 5 years.  and he expired long back. When we approached the Revenue office, they are telling they have records of this land upto 1994. And later no one bought/sold.  Approached those parties, one guy built house and other party built warehouse (goedown). How to proceed further?

One morething also, we sent notices to both parties, they are not responding to those.

Please kindly suggest and advise. thanks.

Regards,
Sanjeev



Learning

 6 Replies

manoj   12 October 2017

after sending notice you are suppose to file a suit for declaration of title in your favor against the tresspasser and also you should ask a prayer to demolish the building and handover the vacant position to you.

manoj

advocate

8686159292

1 Like

Siddharth Srivastava (Advocate)     12 October 2017

Sent the notice and file suit for possession and permanent injunction. Consult a lawyer.

1 Like

manoj   12 October 2017

the land is in possession of tresspassers so the permanent injunction will not be maintainable in this type of suits, however he can file a suit for declaration of title and for recovery of possession.

manoj

advocate

8686159292

 

 

1 Like

Sanjeev   12 October 2017

Thanks sidd and manoj.

 

Currently we are holding all documents except the "patta"/registered copy. As MRO officer saying that, he can not issue now. But he has given some kind of memo/certified copy with seal and signature, where he certified that, this survey number owner is my grandfather and as after verified records.

Is that suffiecient to trigger a suite in court ?

Regards,

Sanjeev.

Siddharth Srivastava (Advocate)     12 October 2017

To stop the on going construction work permanent injunction is necessary. It is for correction only.

 

1 Like

manoj   12 October 2017

if you see query already construction completed so permanent injunction or temporary injunction will not be granted by Hon'ble Court. if they are building you can ask for at first instance interim stay subsequently for permanent injunction

manoj


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