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Anand V (Manager)     09 December 2009

Land Encroached and disputed by neighbour

Hello Sir,
I am Anand and I live in kerala. I have got a property as part of my ancestral property.This is farm land with plantation on it.I have two of my brothers as my neighbours.Each of us has got seperate property documents registered once the ancestral property was divided amongst us. Since its farmland, we had marked the boundaries using stones (stones fixed to the ground as is the usual practice) and some posts but no fencing.This has been so for the past 14 years. Because of certain discord and arguments with one of the brothers recently, he has now encroached on one of the borders and has removed the stones and now claims it belongs to him and that is the actual boundary. We have land deed documents and a sketch of our land with measurements on it to proove that (The property documents dont specify the exact measurements but the sketch has the measurements of each side but its not attached and registered with the property document, it was given seperately by the Land Registrar with his stamp and sign).We had tried to settle this amicably through talks through a third person but to no avail. My brother still claims that the land he encroached on our side is actually his. I would like to know what are my next options - Can I file an FIR with police and can the police settle this by measuring my land according to the documents and sketch I have ? Or would I have to file and civil suit and wait for years till the boundary issue is settled ? I plan to sell the land and I think its my brothers ploy to cause issues and delay that.Please advise me the steps I should take for a quick justice.
Thanks,
Anand



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 2 Replies

N.K.Assumi (Advocate)     09 December 2009

 

Dear Anand Sir, such incidents usually happens with neighbors, and there is nothing to fear over the issue, as the boundaries are clear with stones erection over it for the last 14 years, though it has been removed by your neighbor to deface the boundary in his favor. You must have all the necessary revenue papers including cadastral maps if any. Firstly, all attempts for amicable settlement have failed, so I would suggest that you approach Executive Magistrate of your area under section 145 of the Criminal Procedure Code for maintaining status quo pedente lite and also file declaratory suit against your neighbor regarding your claim. But keep all the records straight in your favor for maintaining your claim.
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mahesh kumar yadav (Advocate)     11 December 2009

according my suggestion, as you have followed all amicable settlement but it was vain, so i will suggest to get it survey of entire land with Revenue dept (MRO/ Government Surveyor) demarcate the land with surveyor and get it fence

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