Encroachment/dumping of construction material.

Agricultural land in Himachal was in the name of three real brothers after Father expired. Middle brother died. Widow of this brother sold her 1/3rd share without official mutation. Adjoining landowner threw his construction material in our land. We are assuming that this adjoining neighbor is also the same person to whom the widow of our brother has sold her share. Shall the remaining two brothers file a civil suit locally in Himachal Pradesh for encroachment with punitive damages? Kindly advise. Thank you Vijay Plaha 9999034949 email surkhigala@yahoo.com