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Shiv   05 August 2020

Land issue with neighbors


I purchased an ancestral property from one of distant uncles in Kerala. I was not present when the land was measured,  but my dad acted on my behalf and the deal was done. The deal was for 30 cent (that's how it is said in Kerala) but when the land measuring was done, there was some gap in how it was done. To elaborate, our neighbor has land for past 45 years and he has a boundary to demarcate it but when this land which I purchased was measured it happened that there is extra land at the boundary. Ideally it should come to the person who is purchasing it but now my neighbor is claiming it's his land as we didn't claim during registration and encroached. But this is not his land and yet he is showing local goondaism. Also he is not ready to resurvey his land and i cannot just resurvey my land as it has 30 cent. The problem is I had invested my money and if there is something extra coming it should come to me not someone who has land for past 45 years. Please advise how to approach this legally. 




 16 Replies

Vishnu P Sopanam   05 August 2020

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

kavksatyanarayana (subregistrar/supdt.(retired))     05 August 2020

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

Shiv   05 August 2020

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

Shiv   06 August 2020

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. 


Shiv   06 August 2020

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? 

Shiv   06 August 2020

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. 

1 Like

Shiv   06 August 2020

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. 

Shashi Dhara   06 August 2020

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 

1 Like

Shiv   06 August 2020

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

Shashi Dhara   06 August 2020

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.

1 Like

Shiv   06 August 2020

 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. 

Vishnu P Sopanam   06 August 2020

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.
1 Like

P. Venu (Advocate)     06 August 2020

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?

1 Like

Shiv   06 August 2020

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. 

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