Ghanshyam (Individual) 06 December 2015

agricultural land encroachment

A person is using my grandfather's agricultural land since 40 years for farming purpose. Now my grandfather is dead. The person is denied to vacate the land although we have all land records on my grandfather's name. How can we vacate the land without going to too long judiciary process? Can we file police complaint for using our land without our consent? Or is there any other way?

Reply Follow

3 Replies

Adv. Yogen Kakade (+ 91 9225510883) 07 December 2015

Hi,

Have you checked the land related documents properly.. is the person who is currently using the land has his name in the land records as tenant or his name mentioned in the other rights in the 7/12 extract?

If his name is nowhere mentioned.. he can be a tresspasser in the eyes of law.. but you have to justify.. what were you doing when he was there for last 40 years using your land?

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in

Ghanshyam (Individual) 29 December 2015

Dear sir, Thanks for your Responce. The person has not his name in land records as tenant. All land records 7/12, 8a are in the name of my grandfather since 1971. We could not acquire records of before 1971 as its not available with DM or SDM office or with Talati.

Ghanshyam (Individual) 29 December 2015

As the trespasser is our relative. Son of grand father's older brother. Grandfather's older brother is also dead. My grand father had inherited that land from his parents. Due to relations, elder brother was using it as we had other means of income. But didn't signed any agreements. Now our some other rlatives are insisting us to give up the land as he is using it since 40 years and we have other businesses. But we don't want to give it up as he is not a सुपात्र. He has already warned people through local newspaper not to purchase this land as he is using it since 40 years. Should we proceed for filing police case with 441 IPC as he has trespassed the land with the intent of taking possession.?