Raa (fresher) 11 March 2013

Illegal possession on property

Hello All,

As I am new to this site one of my friend told me for get adviced from here.

My Question is that in my village some of our villagers had illegaly occupied some part of our land and built their houses on it. But the propert is still in our name they had neither purchased it or nor told us. We have now came to know that this is our Ancesteral Land from the land records. Now they are saying that they have asked from our ancesters and then occupied it free of cost without any paperwork.this is near about 25 years back.

So in this case do we have any chance to get our land back from them or any other way out please help me so that we could file a case on your advise.

Thanks

Farukh.

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1 Replies

Abhaysinh (Lawyer) 11 March 2013

In this case you have to get Govt. Measurements done and firstly get the open land protected by fence.

secondly if the encroacher is occupying the premises since more than 12 years, plea of adverse possesion is in their favour. even then you can file a case of restoration prayer as there was no any kind of transaction between your ancestors and occupants.

You can also pray for injunction so as not to creat any third party interests, possession, loans etc.

during the pendency of the suit, you can also ask for means profits in the form of licence fees.

get registered the Les pencency, record it on proeprty book, issue public notice for not transacting, isuing the loans to the occupants,