- This topic has 46 replies, 26 voices, and was last updated 1 year, 4 months ago by
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Uplease bare w me my head can’t work anymore
so it all started last year during June ish something and someone got into our land (is valued now insanely around 150cr~ after being 60 years in our family , is almost in the city , ) and that someone is backed up by local politicians and police and the whole administration. somehow that particular area around my land and other has no revenue nakshe
Purposefully hid/discarded by tehsildar/patwari since like the last decade or so (they themselves filed a fir to save themselves to appear in a good image rather) We filed several FIRs and police is taking no action and those people started constructing . Pls give advice on what to do
no one is cooperating w us
also got this land via registered will and they won’t file the mutation even though tehsildar has given direction to file it (all because of their so called demands)
it’s been such a headache my brain has stopped working
pls feel free to ask me more and I’ll look forward to answers -
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Uthe only reason why haven’t done already is I fear it’ll take super long to get done with (fought the last 20 years in courts regarding this particular land), I know that’s the last option I’ll have to proceed with , also which relevant court would this fit in for this scenario
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Ualso to mention is the way they got into was they had the adjacent khasra number and got into our land by making an ikrarnama in someone else’s name who’s as of now sitting inside (no nakshe to prove which is so absurd, I have settlements certified nakshe but the police won’t simply accept them???)
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AWho’s name is in the RoR? There should be 2 RoRs. The old one(before settlement) and new one after settlement. ?
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AIs it your name/ your ancestors name?
If yes then how did he get the ikrarnama?Do you have a certified copy of that ikrarnama?
And pardon me kf im wrong, but I guess ikrarnama is the Sale deed right? The names are different for my state so im a bit confused but google tells me that it’s the Registered sale deed.
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Uin my ancestors name , got it via registered will , tehsildar gave direction to enter mutation in my name yet nothing
and as to that ikrarnama which they made ( it’s the neighbouring party in concern) made ikrarnama of their own khasra and then entered into my land ,claiming it as well
ikrarnama here is an agreement bw two parties in rather a sale could be considered as well but majorly just an agreement bw two
so to simplify it it’s my neighbouring land owner who did an agreement to someone and they entered into my respective property-
A>ikrarnama here is an agreement bw two parties in rather a sale could be considered as well but majorly just an agreement bw two
Sale or lease i guess.
From what I understand, you have the RoRs in your favour. You’ve the posession over the rest of the land (except the area the other party is claiming).
What i dont understand here is how they got the ikrarnama in favour of your land from a person who doesn’t have his name in RoR( basically he dosent have the title to the land).If the case is as simple as someone encroaching upon your land, you can file a suit for permanent injunction against Ops from restraining and in the meantime file an IA seeking temporary injunction against defts.
But, if there’s something more to the case, it can take a different turn. Obtain a xerox copy of the ikrarnama if you dont have that yet and see the way they are claiming your land. (Try at tahsildar office and they might ask for some money and the clerk will get you a xerox copy)
In these kind of cases mostly the issue is wrong recording in the new ror where either tha map was wrongly prepared or the RoR is short of some portion of lands. Either case, as a lawyer, we need physical documents to trace the issue.
Find a good civil lawyer and show him your papers, he will tell you exactly where the issue is
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EGoing to court is the first thing you should do. That prosess is long for sure but something legally in court and interim order will bring all parties to the settlement table if you want to settle.
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Uwont really be applicable for settlement had this land from past 6 decades , all of a sudden they’re claiming it’s their land just because government don’t even have concerned nakshe and obv they have that support with them
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EThat’s what you think because of what you know. The court will not simply agree with you. You don’t seem to have an idea of how these things work. Once someone takes possession of a property with fake documents or not, even the court will not simply vacate them and give it over to you. The only way for you to get it back is through court order. Court cases will run for decades if needed. These cases will end up in settlement most of the time. It’s better you realise this now and work towards getting something legally recorded.
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RYou can take a stay in the construction if you go to court, The first thing you should do is go to court and find a good lawyer don’t go to a lawyer who is charging less they will not do the work for you easily and timely
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PThere’s a thread on twitter on how some ordinary person had his land encroached by some politically powerful person in MP and how he went the legal route and got that demolished eventually
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Uwould really appreciate if u could share the time frame of when was this thread posted / link to the particular please ty
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RMust not have hard cash bro. Lots of people with land but no liquidity. No lawyer works on a promise of being paid.
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UUnderstandable if it’s 1-2cr land.
100-150cr is enough to live like a king in any country outside India and not even worry about gundas and mafias.
Leave it. Start living your life with 50cr. Invest the remaining 100cr in different properties. The income generated from that is more than enough for your expenses … In luxury. Even then you will have a peace of mind.
What’s the point of not even being able to sleep in peace with all this land.
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SSo they changed the demarcation of the land to show that the land is in your Khasra ?
Loo at your documents, your “Jamabandi” sometimes has maps on the second page that shows the demarcation of the land from the road, then do the same with your neighbours land using this info you can build mini map using several “jamabandi”, for example half road given from your Khasra half road given from your neighbours khasra, so you can say middle of road is the start of your khasra then from there you can reverse measure your land.
There is also something called field book, that is available with the tehsil, bribe people over there and get it. It will have demarcation of all khasras and how much went into roads etc, use road as starting point to measure khasra.
I faced something similar and this is what I had done.
File complaints with CBI, Commisioner of police one email per day, with detailed proof. Don’t solely rely on lawyers use them to get a general direction and do your own homework, lawyers have 100 clients they will not give more than five minutes to your case. After doing all this file for stay order in high court.
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Uwould defo put all this into consideration tysm
also tried reaching out to CBI regarding this they simply declined and said it’s out of our jurisdiction ,
thinking to file a writ petition requesting a court monitored cbi investigation
also how did u contact them -
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UWatching the real condition of courts and law enforcements and how corrupt the system has become. You don’t have much option. Either sell it to a builder or die in the hands of local goons of politicians as they might be coming down to muscle power.
I don’t have any hopes from courts and law. The government is by the people, for themselves and their family, to themselves and their family. -
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VHi lawyer from delhi here!
I have handled such cases in delhi, Rajasthan and bihar.
There are several things that need to be done, a series of litigations will be carried out.
Firstly file a petition in your respective high court for staying on any kind of construction and encroachment, the FiR you’ve filed will be used as ground for stay and protection.
Then file suit for title declaration and demarcation along with legal heir and succession certificates.
Then again file a petition in the high court for early disposal of these cases.
If the FIR has been filed then push for filing of chargesheet and for that submit complaint with deputy commissioner and commissioner.
Also send a copy to the governor, chief minister and chief justice of your respective high court.
Hire a good lawyer having expertise in handling such an issue.
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BSee whatever you are going to do, DO IT NOW!!
They are still building, so find ways to stop constructions now.
If not now, you will regret it later.
150CR right. You not willing to spend a few lakhs to stop it. We have 1.35 Billion humans in india. Many of them useless and jobless. You think if you offered them even ₹10K-20K each they wont come and do whats required?!
Remember, you can hire more people than they can hire. You can exercise more force than they can.
But dont be a dummy, do it all discreetly. Your name shouldn’t come in all this, in front of law & police.
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