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Basheer (engineer)     22 July 2013

Land encroached, need advice


I have a plot registered on my name. The plot size is 1200 yards. Actual owner of the plot was my sister. She has gifted me this 1200 yards plot with gift settlement deed from her 1 acre 30 kuntas property patta. I came to know only my land is enroached by a neighbour. He said that the land belongs to him. As actual owner of the complete property was my sister, she has taken injunction order from the court for 1 acre 30 kuntas. My plot size is only 1200 yards from 1 acre 30 kuntas. Do i also have to put any case against the neighbour who has encroached or is it already sufficient that my sister is fighting for 1 acre 30 kuntas (in which my 1200 yards are also there). or do i have to put a plaintiff pitition in my sisters case?

If any one of you can give me a good advice to follow then its well and good.

thank you.
i look forward to your reply.


 10 Replies

2BHelpfull (Other)     22 July 2013

if now/present u r owner then u have to file the case .

she has gifted the property to u and on such property encroached has been done then u have to file teh case, if she at present has share in such property then only she has joint right to file otherwise not.


if she has already file the case then u can give Special Power of Attoreney to ur Sis for Fighting the case .

Rajasekar (Consultant)     23 July 2013

I understand that your sister is the absolute owner of the property and she gifted to you 1200 yards as adviced you can give the POA to your sister to fight. If your state has anti-land grabbing cell please give the police complaint and separte complaints to District Collector, The Revenue secretary / Land administration if possible place petition before CM cell along with Proofs of absolute ownership like sale deed, patta (katha), chitta and other revenue documents and injunction order.

These steps will help you to vacate the encroacher first step is vacate the encroacher from your land and then fight it with the help of the court.


Thanks & Regards,






Basheer (engineer)     23 July 2013

Thank you very much for the reply sir.

My sister has a patta of 70 Guntas (8470 sq. yards). Few years back she has sold out an agricultural land that she had. After many years, one of the worker who used to take care of my sisters agricultural land informed her that she still has some land left after the sale which she didnt know for many years. Therefore as she has revenue records on her name, she applied and received a patta for 8470 yards property. From this property, she has gifted me 1200 sq. yards. The property that she got with patta is already sold to different persons by the person who has purschased agricultural land. Therefore my sister has took injunction order not only for my 1200 sq. yards but for the whole 8470 sq. yards. Now the next step for her is to prove that the land belongs to her and cancel all other registrations which have been done by other person (actually my sister has to do those registrations). So my sister informed me that they are fighting in the court and as soon as they win, they are saying that i have already a registered property from her so i can have complete rights on the property. Therefore now i am quite confused. Can i go directly to my 1200 plot and start building a compound wall? if some body pops up and asks me, shall i give a police complaint? and then file a case based on encroachment from my side? if i go to police then things will be turn around. I do not want police to be involved in this, as there is high risk of settlement or compromise and wastage of money. My sister is solely fighting in the court saying that this property belongs to her and if any registrations done without her, they need to be cancelled. I heard that the other parties are trying to speak with my sister for some money settlements. What are the chances that my sister can win th case? (as she has patta from revenue department and i have a registered property based on her patta)

Please let me know whether any action from my side is necessary when my sister is fighting for the complete property and she is promising me to give my complete rights once she wins the case (will there be any draw backs: means if my sister compromises with the encroacher, can they settle themselves without knowing me? because i have registered document on my name). Do i need to take any safety action so that i do not loose this property?

thank you very much inadvance

Rajasekar (Consultant)     23 July 2013

Is the land belong to your sister encroached by someone and sold the property by forgery of documents then you need to take criminal action by filing criminal complaint under 120B and 465 IPC. with respect to your deed it is comes under partition by gift deed. please check Encumberance certificate whether it is reflecting in the Registration dept and revenue records. POA you can give only for protection of property and not for any sale or transfer since she is fighting for the property. Without your consent property will not be transferred.

Basheer (engineer)     23 July 2013

Hallo Raj sir,

The property belongs to my sisters as per the revenue records, as she received patta (pass book) based on the revenue records. the owner of the agricultural land which she sold out long time back, he might have sold/registered to some persons. My sister now has all the original documents. i.e. her original pass book showing that she is the sole owner of the 8470 sq yards property as per revenue records. Therefore she has bought an injunction order from the court. Agricultural land owner has already sold out (8470-1200) 7270 sq yards. Now he came to know that there exists 1200 sq yards so he is trying to sell that as well with some compromise. My sister is not ready for any settlement or compromise. She wants now to cancel all registrations that are made by agricultural land owner (7270 sq yards), so that those people who purchased the land, should come to my sister for some compromise and as my sister has gifted 1200 sq. yards land to me, there will not be any settlement. I will have complete rights as per the document. I have checked EC with survey number and plot number. It clearly shows that the first owner is my sister and my sister has registered 1200 sq yards to me. There exist no other name other than my sister and my name on EC. Actually my sister is eyeing on cancelling other registrations so that they come for compromise and then my sister wants to demand some money so that their property rights remain unaffected. 

How far this process is right from my sister. The documents are clear from her, now she is going ahead with court so that other party/parties should come with their documents/proofs to prove that the property belongs to them. Now i have heard that for the injunction order that my sisters has taken, they reacted in less than 3 months asking us to vacate injunction order stating that the land belong to them or so and simultaneously they are calling her to come for some settlement and leave the 1200 sq. yards land. They cannot come for any compromise on 1200 sq. yards bcoz they have gifted me with registered document. the only compromise/settlement is possible in 7270 yards, i suppose.

Thank you very much for your valuable suggestions.

Rajasekar (Consultant)     23 July 2013

You have absolute right cannot be challenged.

The opposite party will come for the compromise to settle the issue otherwise the court after verfying the documents and found forgery the court will give permenant injunction restraining them to interfere from your sister property.

Further they will have severe consequences since it is criminal offence.

Wish you all the best.




Basheer (engineer)     23 July 2013

Hallo Raj sir,

Thank you very much. That means i will not get involved in any of the case proceedings as my sister is fighting for complete rights of the property i.e. she is fighting in court to get full fledged rights of the property from current/any encroachers. As mentioned by you, they will have to prove themselves with right documents to take over the property. If they could not then the permanent injunction/case will be decreed, right sir.

Basheer (engineer)     03 January 2019


its been long time in the court. I expected that my sister is fighting for the case for her as well as for the 1200 sq. yards plot that she gifted me in 2010 from encroachers/encroachment. My sister got patta in 2007 and she has registered gift settlement in 2010 on my name for 1200 yards. I paid her the in cash settlement and the registration is done as gifted as ouar relations were good. Still for the last 5 years i believed the relations were good and i was trusting them that they will handover the pocession very soon on the gifted registered plot. They started the case in 2013 and the case is disposed in 2016 december. When i asked them about the status of case, they provided me only the injunction order copy and told that the case is going on court and they will get decree soon.For the court case to fight she has taken the original copy of the link document that she has registered on her name first which is transferred to me later. I have my original copy, i do not have the copy of the link, because they told me that they need to submit it in court and therefore i have given them. it is still with them now. They are still saying that the case is still on going. Luckily with the injuntion letter which they provided, i have seen the case number and checked on line, i see that the plaintiff, i.e. my sister has not shown any interest in fighting the case.

in the last years our relations got worsened due to some personal reasons, may be because of that she has dropped it to fight it in court or now i think the most primary reason is: may be she planned that there was a neighbor who is trying to encroach my gifted registered land and she changed her mind as the price on the plot is rising and rising with each passing year. i wanted to built a boundary wall in 2012. so i asked my sister for her support, it seems she was jealous of it and might have planned that some encroacher is disturbing on the plot and once it goes in court, i can do nothing about it for some years, later may be i get fedup of court cases and may be i say to my sister, please fight the case on your own, take the land back and give the money that i paid to her. may be they have planned the whole story like this as i do not stay local in town. 

In order for me to get back my land and to have posession of my land, please guide me what to do. i want to ask my sister politely but i know that she will not give the link document now and she will say case is still on going. even if i know the truth, may be she will say i will not give the link, do whatever you want to do.

therefore i am in dire need of help for my next steps. for my land posession and for my link document posession what should i do. because if i have to sell it, the ec is clear but the other parties will ask for the link document in addition to my document. i want to have all rights on land with the link document.

can i go to court saying that my sister said she will fight the case and give the posession and she has not yet given the posession and they have fooled me for years. i have all the proof of the court case that they started but could not fight it and for that reason they took my link document.

thank you very much

Basheer (engineer)     03 January 2019

case result: i have the screen shot of the case status but could not share or upload here. the case is dismissed for default in december 2016. plaintiff is absent.no representation for the plaintiff.number of adjournments were granted to the plaintiff since 2015. case start in 2013. neither the plaintiff is present nor the learned. counsil. this court is disinclined to enlarge time.the suit of the plaintiff is dismissed for default.

Basheer (engineer)     09 January 2019

Could anyone please reply to my feedback that I gave in my previous two posts. Thanks.

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