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Gopal (Consultant)     27 October 2009

Legally how to fence a disputed property

I have bought a land in 2005 in my native near Chennai and live in Bangalore. When I went to fence my property in Mar 2009 the neighbouring property members(5 members) opposed saying that their land dimensions are into mine.  I visited Taluk office requesting to survey the land. The surveyor has surveyed the land and provided the statement that the land dimensions of mine is correct and I can proceed with the fencing. I have fenced the land with Police protection. But the fence of almost 103 fence post were broken and removed by the neighbouring plot members. I have filed a case in police station on them for this act and wanted legal suggestion to proceed further and secure my property. All my papers are correct and I have bought this property with my entire Retirement money.  Do provide me suggestions on what I should be doing ?



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 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     27 October 2009

u can approch to the civil court for obtaining the injunction order against those persons by filing a injuntion suit.

Gopal (Consultant)     27 October 2009

Should the police complaint also be shown for reference - In which I have seeked protection of self and property. When we approached the Police station, the Inspector has asked for some more time so that he can investigate and enquire the other party persons. I daily go to the police station for the last 35+ days. But he is also been bit busy. As the Police Inspector has promised protection, wanted to check whehter this civil court - injuction order will cause any security issue for me ?

Gopal (Consultant)     27 October 2009

Along with the security issue for Land and self what would be time frame taken for the civel court to grant the injunction order so that I can proceed with the fencing.

Sir,Thanks a lot for the advice.

Madan Mohan Pandey (District and High court advocate)     27 October 2009

See mr Gopal,

First you may file a Right To Information  for the actual area and demarcation of your land in the concerned office, that is Loal development authority.the answer provided will be perfect and cannot be challenged any where.If you are really working in your boundries RTI will tell the truth.

Secondly,my suggestion regarding this is that you may directly approach to state high court if you can and ask an injuction order ftom high court including other remedies which court deems fit  since the proceedings in lower court take years and years to finalise and with the high court order you can pressurise the police to take action quickly.

Police cannot be trusted you know that pomises from police  are for no value, the other party may already have nexus with police.

Fo this you need a local advocate who is expeienced, if you can fine one in chennai otherwise i know somebody in channai whom I know personally is a good advocate.

Further assistance from my side with be there always

Madan Mohan pandey

Advocate

Delhi High court

Cell 09415992044

1 Like

Gopal (Consultant)     27 October 2009

Dear Madan sir,

Thanks a lot for your advise. I have filed the RTI last week seeking the facts. As per RTI, I should be getting the information within 30 days. So should I wait for the RTI information as final to proceed on anything ? or proceed with the civil/high court for Injuction order and provide the RTI as a proof.

Note: As it was my 32 years of service retirement money I have evaluated the property which has correct documents starting from 1945. Also in the history the property, it was mortgaged and actioned in court in 1965 and court people have surveyed it and boundried it. The only mistake I think I have made is I have delayed in fencing of the property due to financial constraints, Which I do not want to delay it anymore to avoid any future issues anytime. Becasue of this non-boundary the other party is taking advantage of my age and travel constraints from bangalore.

Will wait for your advise to proceed further. Thanks/Gopal


(Guest)

Gopal ji,

This is type of land grabbing is going on every where in our country. If you go police station they will say it is a civil case further they may suggest you better to do some settlement with the land grabber. If you go for injection till settlement of the case you can not do any thing on the disputed land eventhough all your land documents are perfectly OK.

I suggest you better to go for criminal case and a lodge a criminal complaint in the police station stating that it is a act of criminal tresspassing, land grabbing when asked proof they are threatning. Then only you will get justice. Further you have to a lodge a complaint with Municipal Authority and District Collector seeking for early justice. 

Gopal (Consultant)     27 October 2009

Dear Sathya sir,

"If you go for injection till settlement of the case you can not do any thing on the disputed land eventhough all your land documents are perfectly OK"

I have read the line many times and was feeling uncomfortable. Do you mean to the say that I cannot do any development activity if I go for  injection order. And how much time, does the court takes to provide the injection order so that I can proceed with fecing of my land and start development activity to my capacity. Take into consideration that all my paper is legally right with complete 65 years history as per law of land.

Thanks/Gopal

 


(Guest)

Gopal ji,

This is India that civil case. Vacating injection order depending upon Respondent's advocate. If it is located in a prime location, they may creat several obstecles. If you influence take assistance of police, fence your boundry. To get your own property (once the case filed) it may take months or years to get judgement. That is why I suggested to criminal case and lodge a complaint with the District Collector and Municipal Administration. District Collector can also take action.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     28 October 2009

The opinion of gopal is perfect.

Rajesh Kumar (studient)     07 October 2010

Dear sir,

After filling 498A by my FIL gang, now someone(unknown) brought court injection order to defame us, saying the no one should not buy or lend money on my mother's house. Actually someone forged my mother signature on a fack promissory note dated 2 years back.
we & my lawyer strongly believe that FIL gang person only done this forgery
actually we don't intend to sell the house
they did all these drama just to defame us, how to proceed to challenge the court injection order?


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