Land issue with neighbors

please contact a good advocate.even though it will take years to get the things done.you can file suit for demarcation of boundaries.

You are entitled to 30 cents only.  The land which is in excess is unnecessary to you.  Why unnecessarily involve in court cases?

True, I am entitled to 30 cents only. But the person who has a boundary of 45 years old is also not entitled. As per 'naatu nadippa' ( term for fair play). Whatever extra land which can be 1 cent or 0.001 cent is to new owner. How can someone who has not put a single dime can claim it. Also if the other person wants it, then the land should be resurveyed. But a disputed land, no matter how small it is, has been encroached. 

So my question is if I put a civil case then will both parties land would be resurveyed or how does it work

We are not residing in Kerala so didn't see this foul play, but we luckily saw now and the property was purchased 3.5 years ago. 

Thanks

I would like to know from experts here that if I move legally, will both the parties land will be resurveyed? This is crucial to case, as once resurvey is done, it will bring out a lot of things. There are many neighbors and all are trying to take benefit that we don't reside here. So a resurvey is the only option I can see and I hope by moving legally this can be achieved, please confirm? 

Adverse possession is when owner doesn't take any action for 12 years. While my neighbors have encroached like 6 months back by planting trees (a very old way of creating boundaries here). They have not put any boundary wall which I am hoping they do as that could help my case. 

 

@vishnu sopanam... Do you have any idea in Kerala about the time period this would take. 

This was not what is expected in such forums. But you have showed your culture, so I will just stoop to yours. You can go to near vashi bridge where people like you stand every night waiting for it. Good luck with it and earn your 2 pennies. 

Engage advocate and issue notice  to him and file suit against him by engaging eminent advocate who takes the case and insist him  to drag the case as much as possible so the opposite may come to compromise if not go on proceeding in court.if you once step to court automatically it takes years to complete that to if all of you compromise if not ------;years it take.i appreciate you go to civil court for justice 

Thanks Shashi for your valuable suggestions. I think I will take this approach, need some clarity on resurvey and stuff before approaching lawyer. 

In court you  file application thru advocate toappoint surveyor and he shall survey it and submit it  to court and also  to appoint an advocate as commission to goto  spot with surveyor  and he shall submit report to court.

 Hey Shashi, 

Thanks for your advice, appreciate the time that you are taking for this.  My concern is, the surveyor, will survey only my land or will he survey all the disputed lands first. The whole point is that every land in the neighborhood should be surveyed first because if only my land is surveyed then it's futile exercise. And I am also ready to bear the expense, but these people know they have done things illegal so not agreeing. 

Shiva.am in a legal battle for the last five years.it took almost 4 years in munsiff court.Then the defendent made appeal in District court.Now the case is running in district court.I have lost my money and time.Since it's my family silver I don't want to lose it.I don't know how long it will take.if you have patience,time,money then u can go for a legal battle with your neighbour.

Yes, any excess land within the well defined boundary belongs to the holder of the land. In the instant case, there cannot be definite answer unless the current document and earlier document s are perused.  All the more so, because your assertion of the land being ancestral. How that aspect is relevant in the facts of the case?

Yes the property is ancestral and it has bearing on the case too. The said property is flanked by 4 neighbors out of which 2 are from my family. Now the other 2 people are living for past 35-40 years and have their boundaries but never constructed any wall. When I purchased this property from my relative, my father (probably because of age related problems) did not follow correct procedure because of which we only received the exact measured land. But the property had extra land and now these neighbors have changed their boundaries to get something which is not theirs. But this is ancestral and I don't intend to give anything to outsiders for free
Now I am thinking of filing against my uncle for vazhi(road) as that is not correctly mentioned in deed or aadharam. So in that way I can resurvey all 4 neighbors land.