Community › Forums › Legal Advice India › Claiming of land where my house is built
- This topic has 27 replies, 10 voices, and was last updated 1 year, 2 months ago by
Luckyrandhir4838.
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CCalmharshal1715
PARTICIPANT
April 5, 2025 at 5:01 pmHello everyone, I had purchased a land from owner 25 years ago, built house which is 14 years old now. Now some asshole is claiming that the place belongs to him and he asked surveyors and police to do survey (and even told surveyors to demolish the home) they came today and did so which I objected. What are the legal options. I had purchased the land from the owner legally with every process done. What should I do now, any legal minds and experts please advise me.PS: I refers to my family. Family is already going through tough times and now upon these problems some asshole brought surveyors and policemen to the home and created scene. I am hopeless and don’t know what to do.
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PProninja2751
PARTICIPANT
April 5, 2025 at 5:07 pmVerify ownership in record of rights, municipal records, registration office and with these documents debunk his claims.-
CCalmharshal1715
OP
April 5, 2025 at 5:30 pmI should not be held responsible for that right, I mean the original owner and notarised authority should be. I am facing literal harassment like he has some clout (religious institution head actually). I have all the records but he is saying he has some records too but why didn’t he claim it earlier.PS: this asshole inaugurated the house (housewarming) and my family donates to the institution upto 25k yearly to serve food for poor. Plus he hasn’t talked to the family but straightaway sent surveyors and policemen to the house. I mean we leave in respectable society and everyone has crab mentality in here like everyone are waiting to see worse things happen I am just confused and not able to focus on my studies.
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PProninja2751
PARTICIPANT
April 5, 2025 at 6:23 pmU will be responsible if u do not possess clear title of land in issue. Verify your ownership documents. -
DDevikapanther283
PARTICIPANT
April 5, 2025 at 6:46 pmDon’t mean to rile the people here and please don’t jump all over me but want to ask a valid question. Is it something w.a.k.f related? If so, new law has been passed and you have an upper.hand…if it is not then, get a good.lawyer.anyway…-
CCalmharshal1715
OP
April 5, 2025 at 6:57 pmArrey nhi baba, not related to it. Even if it is related, still bill has to become a law & get published in gazette after President’s assent (as of now – typing) and it takes some time.-
DDevikapanther283
PARTICIPANT
April 5, 2025 at 7:11 pm🙂
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LLokeshknight932
PARTICIPANT
April 6, 2025 at 6:44 amHe has most likely come across a Khatouni(land records from British times) and using that to stake a claim to your land.Just consult an advocate in the matter, meet the SP of your area and have it resolved as soon as possible cause the longer it goes on the more people will get involved trying to take a piece of your land.
Soon he’ll try to have 144 and 145 imposed on your property(and if he has religious “clout” then it’s likely that the cops will senselessly comply).
Then you’ll find land mafias trying to buy your property for 1/5th of the price.
Get an order from the court or SP that he’s not allowed near your property and that should solve it.
We had the same issue with some property my family bought, met the local minister and he recommended we hire some goons and cops. We just paid him a small amount and he had it all resolved.
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LLuckyrandhir4838
PARTICIPANT
April 6, 2025 at 5:00 pmWon’t limitation act apply as he has lind for more than 20 year’sEven if the person claiming has real ownership
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LLokeshknight932
PARTICIPANT
April 6, 2025 at 5:07 pmNone of these people are actual owners. It’s just a ploy to harass the owner into selling the property for cheap.Aur adverse possession lagega ya nahi wo to judge ke mood pe depend krta hai.
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LLuckyrandhir4838
PARTICIPANT
April 6, 2025 at 5:50 pmOk thanks for the reply
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LLokeshknight932
PARTICIPANT
April 6, 2025 at 6:44 amHe has most likely come across a Khatouni(land records from British times) and using that to stake a claim to your land.Just consult an advocate in the matter, meet the SP of your area and have it resolved as soon as possible cause the longer it goes on the more people will get involved trying to take a piece of your land.
Soon he’ll try to have 144 and 145 imposed on your property(and if he has religious “clout” then it’s likely that the cops will senselessly comply).
Then you’ll find land mafias trying to buy your property for 1/5th of the price.
Get an order from the court or SP that he’s not allowed near your property and that should solve it.
We had the same issue with some property my family bought, met the local minister and he recommended we hire some goons and cops. We just paid him a small amount and he had it all resolved.
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CCalmharshal1715
OP
April 7, 2025 at 8:03 amThanks, will do that.-
LLokeshknight932
PARTICIPANT
April 7, 2025 at 8:08 amHave they tried to start any physical altercations? If yes then there could be an SC/ST or rape case be coming your way.
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CCleverowl5706
PARTICIPANT
April 5, 2025 at 5:24 pmHi OP, sorry to hear that.
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Now, first & foremost get a stay order. Then if you are certain this property is yours as per records. Then get a declaration. -
CCalmharshal1715
OP
April 5, 2025 at 5:30 pmThanks will try that. -
EExpertumang5984
PARTICIPANT
April 5, 2025 at 5:32 pmClaim adverse possession-
CCalmharshal1715
OP
April 5, 2025 at 6:50 pmThat’s different right, if one doesn’t have legal possession and have lived there for minimum no of years (state prescribed), one will get right to adverse possession!!-
EExpertumang5984
PARTICIPANT
April 5, 2025 at 7:05 pmI think it can be applied in this case with the ambiguity of ownership-
CCalmharshal1715
OP
April 5, 2025 at 7:10 pmThanks, will ask around.
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EExpertumang5984
PARTICIPANT
April 5, 2025 at 7:08 pmEven if he claims ownership, he had stayed quite for so long and this entails the right for you to have adverse possession of the land.-
CCalmharshal1715
OP
April 5, 2025 at 7:10 pmThanks, will ask around. -
BBravekush8196
PARTICIPANT
April 5, 2025 at 7:21 pmWhat if we as a rental ppl stayed in the property for around 26y and payment of cash being done for rent without any proof?We stayed in a chawl, my father had been there with the landlord, since it was quite fine when he was alive, but then when he died, the landlord’s grandson told us to vacate the premises.
My dad gave 20k as a deposit before 26y ago and there’s no Prof of it anywhere to show.
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EExpertumang5984
PARTICIPANT
April 6, 2025 at 1:13 amBetter talk to a lawyer, am assuming that the EB, Water Connection, Municipal Taxes everything will be in owners name. Still you can try adverse possession if you haven’t vacated. Have a solid lawyer, but be ready to spend, no guarantee the court will rule in your favor. Everything takes time and due diligence in the court of law.-
BBravekush8196
PARTICIPANT
April 6, 2025 at 11:02 amThe only thing we had was the general water connection which we had on our name like it was not a direct connection, we have most of the EBs that we paid we paid in the past, we also had an telephone connection with our name and have bills, we have ration cards, Aadhar cards and gas connection.We vacated the place because in front of our house there was another construction going on and we were unable to live over there.
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LLuckyrandhir4838
PARTICIPANT
April 6, 2025 at 5:02 pmNope u have nothing to prove posessionMere living is not sufficient
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EExpertseeker7015
PARTICIPANT
April 6, 2025 at 7:17 amPay any land lawyer or registration agent to check in the local registrar’s office. The office will have a register with the owner’s details. The agent/lawyer can get you a copy of that. With that copy send a legal notice to whoever is bothering you and threaten to sue him if he doesn’t stop. Also send a copy of this notice to the local police and ask them to file a complaint for trespassing. If this doesn’t work then get a stay order from the local court (last resort because that affects property value negatively). -
IIndianveer5698
PARTICIPANT
April 6, 2025 at 3:21 pmDon’t worry he really has no claim. He will most probably ask for money to settle. It’s really upto you to settle or play hardball.He really has no legal standing considering you have been living on the property for over a decade. He probably won’t even file a court case considering how weak his case is
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