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Raju (business)     25 December 2013

Land dispute

Hi Experts,

We have purchased a piece of land (approximately 1.25 cents) from person "X" in the year 1995. The person "X" bought this land in the year 1971 which is registered with document number 994/1971.

The person living on the right side to this land (let's say person "Y") bought his land (approximately 2.75 cents) in the year 1971 which is registered with document number 991/1971. He constructed his house in that at that time.

Now in 2013, the person "Y" claims that we have occupied 0.25 cents of his land. When the surveyor measures both of these lands, the total is 3.75 cents instead of 4 cents. How to solve this dispute? The surveyor thinks person "Y" bought his land early (i.e. 3 document numbers earlier in 1971), so he is correct. This 0.25 cents land under dispute is currently being used by us (from 1995).

Since person "Y" bought early, do we need to loose this 0.25 cents? We have requested the surveyor to measure the 2 other lands which are side-by to our land. But he refuses.

We are afraid that we need to spend lot of money (probably more than what the 0.25 cents land costs?) if we go to court and our financial situation doesn't support it.

Please help! Please help!

 

Best Regards,

Raju.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     25 December 2013

If your neighbor, i.e.,Y is ready for amicable talks over the situation, you may settle the issue within your own levels or wait for him to file a declaration suit claiming his land to have been occupied by you people, if he is torturing you, you may file an injunction suit restraining him from interfering in your peaceful possession and enjoyment of the same.

Raju (business)     26 December 2013

Dear Sir,

 

Thanks for the valuable suggestions.

If person Y files for a 'declaration suit', do we need to hire a lawyer and go to court? What are the further proceedings in this situation?

If we file for an injunction suit, what are the further proceedings in this situation? How to file an injunction suit?

 

Best Regards,

Raju


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