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Priyajit Purkait (legal advisor)     24 May 2017

How to free encroached land with building

A property partitioned on 2007 by mutually agreed proportionate share .From 2013 june - july one of the co - sharer (lets assume "A")started encroaching another co - sharer's (lets assume "B") land by taking advantage of illness of B and also that co - sharer 'B' resides far away.Now that co sharer 'A' has constructed a three stored building over his land and encroached land of nearly 150-250 sqft from 825 sqft. Now on May 2017 , a coconut tree , which is in the land of 'B' is  disturbing the encroacher 'A' tin shed (the part of tin shed is built over the encroached land ). He is pressurizing 'B' to cut down the tree as it is creating disturbance over the building and his designed tin sheds (constructed over the encroached land). Now what case/s may be filed to get the remedy from High Court and other courts and to free the encroached  land other than title or declaratory suit ? more over 'A' is not allowing 'B' to measure the exact amount of land encroached.



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 2 Replies

Ms.Usha Kapoor (CEO)     24 May 2017

A HAS TO FILE DECLRATION OF TITLE AND POSSESSION ALONG WITH PERMANENT INJUNCTION AGAINST B from illegAL ENCROACHMENT OF HIS Land and tresspass.Prior to  suit A   has  to issue  al egal notice to  B.

Ms.Usha Kapoor (CEO)     24 May 2017

Please treat the above answer deleted as incharge people are not giving me an opportunity to modify the answer,B hAS TO FILE A SUIT FOR DECLARATION of title  to encroached portion, pOSSESSION AND IpERMANENT mANDATORY iNJUNTION AGAINST A ON THE GROUND OF TRESSPASS AND FOR DEMOLITION Of BUILDING AND VACATION OF LAND ILLEGALLY ENCXROACHED. pRIOR TO FILING SUIT BHAS TO ISSUE A LEGAL NOTICE TO   A.


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