There is a dispute over 4 cent between my sister's property and neighboring property having a common boundary. Both plots do not have any building in it. My sister is an nri. Recently the owner of the neighboring plot started filling up their plot to raise the level of their land. There was a low height stone boundary wall for my sister's plot which was constructed 6 years back when we bought the land. There was no dispute all this while. In the event of the neighbor filing up their plot, our wall has gone under the mud. They filled parts of our plot and leveled it without informing us. And now claims 4 cents from our land. They are planning to build a new boundary wall taking our 4 cent and plan to sell the land. Our land purchase deed states we have 10 cents, neighbor is claiming 4 cent from that. We have been paying property tax for the 10 cent regularly.
Neighbor got a surveyor from the village office to come and do a survey privately after raising the level of their land and has marked a new boundary taking our 4 cent. Is this a valid survey since there was no application filed in the village office for a survey. Our previous stone boundary is still intact underneath the mud, it can b dug out for proof.
Can I obtain a stay order to stop building the wall till a survey is done for my sisters plot from the village office? Can I obtain the stay order since my sister is outside country?
