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Satya   29 March 2016

Boundary dispute

We have sold a portion of our three portion house to A(Middle portion), around 25 years back and all the boundaries and site area was clearly mentioned in the sale deed, buyer agreed and accepted the contents of sale deed after verifing. Three years back, it was sold to B from A. now B is trying to encroach our property by claiming, he has part of his land in our house portion, where as the boundary wall of 70 years mentioned in the sale deed is still there. This actually troubles us. By looking at the property any body can say he is trying to encroach and trouble us.

I want to know is he legally eligible to file a case in court, after twenty five years of sale and boudaries in original sale deed still intact?

 

Thanks in advance for the help!



Learning

 6 Replies

r.sathyanarayanan   29 March 2016

Filing suit is his right, u protect your property,if he disturbs you file a injunction suit against him.

saravanan s (legal advisor)     30 March 2016

what sort of intrusions he is making.is the boundary wall intact

Satya   30 March 2016

Original boundary is still intact, he is forcefully constructing another boundary wall , in our site.

Satya   30 March 2016

Original boundary is still intact, he is forcefully constructing another boundary wall , in our site.

(Guest)

First thing Whether you are talking about Land / Land and structure above / Some Flat , building - Not sure 100%

From wordings I make out Land

Well Land laws differ from state to state as each state has its own land Revenue Code but procedure are almost same

Generally Land record dept. maintains site measurement etc. Private measurement are not valid as such . So measurement which you mentioned or dimension mensioned in orignal registered deed you have to check whether it was govt. measurement or private

Since you say you have existing wall. You should immedately take Injunction from Court , telling that wall should not be damaged or changed. And other person should not cross the wall till the issue of area or dimension is clear. This you will get if proper step is taken within even a day. Showing urgency clause .

Question remains area of the land. It mostly depends which kind of measurement is stated in registered document . Govt measurement or private . If Govt. measurement then you are compartively safe.

If Private measurement then the area of land which you have you can claim ownership and or more land which may be with you as adverse possession against other party

At similar time the wall which is exisiting if it exist and injunction is there then you can clam that dispute have to be taken within specific time under Limitation act else it is waved off . Now previous owner have waved it or there was no dispute hence Under Limitation act his claim should be dismissed. It is generally 3  years only . So on Limitation act basis you can claim benefit additionally If you have more land you should claim adverse possession. 

Again most imp. if it is land then what govt. measurement says and what govt land record says ? This is also very important rather it will decide the fate of case


(Guest)

Check Land Record and Land Measurement extract of Govt. of your survey No. (Or whatever identification which your state or region has)  

Don't allow him to construct wall after the wall , neither allow him to destroy that wall . This is in your legal interest and some time you need to be bad in order to safe guard your legal interest. 
 

Apply for Permanent Injunction under specific relief act as well as temporary injunction which can be taken in day under urgency clause and get order exisiting wall should not be touched or damed  which is existing for years. I think this step is required if person is aggressive 


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