Permanent injunction and removal of encroachment without title deed

First ask your lawyer to press court to issue directions to defendant/ your neighbor to file written statement in court. 

Thank you for your reply sir,

but court has recorded as written statment not filed, it was recorded almost a year ago. now the stage is Plaintiff evidence. Please advice what can be done Sir.

It means defendant has lost his right to file WS and court has now fixed case for plaintiff evidence. It is good for you and you now adduce your evidence in court. 

Thank you for your reply Nanda Sir, 

The only question is I do not have a title deed, So can I win this case without the title deed is my primary question?

Appreciate your advice sir.....

You have a registered gift deed from your father.

What did your father have? How did your father get the property? Does he have a registered sale deed? Or, any other document? 

What did your father write in the registered gift deed? Did he write how he got the property? 

You have not provided all the facts. 

But, with the given facts, the answer is: 

Yes. It is possible to win the case, if you can prove your possession. 

You can prove your possession by the registered gift deed, tax receipts, electricity bills, e-khata etc. 

You have an advantage. He did not file the written statement. You also say that he does not have any documents. So, I think you have a very good chance of winning the case. 

Did he acquire the site through a registered sale deed and then construct the house? Your father gifted you the home, which is a title deed. You have a chance to win the case.

Thank you so much for your reply "Law student"

My father purchased the property in 1990 but it is not registered so my advocate said it is not useful.

house was constructed by my father in 2001. In the gift deed, it is mentioned that my father has purchsed. but not disclosed how he purchased and from whom and when.

Appreciate your advice on this .

Thank you.

If your father did not purchase the property through a registered sale deed, and if your father did not describe how he obtained the property in the registered gift deed given to you, then it amounts to TITLE DEFECT or defective title or it means that you do not have a clear title. 

But, even if you do not have a clear title, you can win the case based on your possession. From the facts given by you, it appears that you will be able to prove your possession and win the case. 

But, since the title is defective, you should be cautious, take legal advice from multiple senior lawyers and proceed accordingly. 

An obvious question is who was the original owner before your father. You should be able to answer that question. You must do research and gather all facts. 

It will be great if you are able to prove your possession for more than 12 years, which is the limitation period for ADVERSE POSSESSION. Adverse possession may or may not be relevant, but it will be great if you can prove your possession and enjoyment for more than 12 years. 

You still have a good chance, even if you cannot prove for 12 years. 

Please consult multiple lawyers and gather all information. 

Thank you so much for your detailed explanation "Law student".

I appreciate your prompt help.

I Will consult multiple senior lawyers and gather information as advised.

Thank you so much.......

Assuming that your father purchased the property by a registered sale deed and he had transferred the same to you by executing a registered gift deed, then you become the absolute owner of the property with clear and marketable title on your name.

The registered gift deed is the title document and you don't need any other document to prove your title before the court or to anyone.

It is not understood that why your lawyer is insisting on the title document on your name when you already possess the registered gift deed on your name.

If you suspect the ability of your lawyer to properly conduct the case, you can mercilessly change the lawyer immediately instead of suffering ,more losses due to the inefficiency of your lawyer

You may follow the advise of the expert RK Nanda sir to proceed with your evidence as directed by court and get the orders in your favor.

Thank you for your reply Kalaiselvan sir,

Here the problem is my father purchased the property by unregistered sale deed.

Thank you.

 Appreciate the suggestion and advice.

Your lawyer is misguiding you and change him .you have clear title by virtue of registered gift deed. 

Thank you for your reply Nanda Sir, Much appreciated.

Facts of case can be proved by oral and documentary evidence, you have a registered gift deed which is documentary and cogent evidence apart from this a long possession of property without any interference/objection supports to your pleadings and proves your un interrupted  possession. Besides the above defendant has no material to disprove your case .you have good case.