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How to protect my land when my family members have encroached my land?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Property

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Question: How to protect my land when my family members have encroached my land? Land was registered in my name by my father back in 2007 through a gift deed. It was executed and registered through the sub registrar office back in 2008. Now my family members are trying to sell my land saying that there are errors in the proper demarcation of my land according to the gift deed and forced me to shift to another side.  They have already begun some illegal construction on that land. 

Later on after the death of my father, I inherited his property under the Muslim law of succession. I already registered a complaint with the local Deputy Commissioner office asking not to execute the sale deed. Now they are threatening me, saying that the original sale deed made by my father was fake. 

What steps should I take so that I can get my property back? I already have some possessions of the land but that is not as per the deed gifted to me by my father.

Asked from: Assam

First of all you should file a civil suit for the permanent injunction and also claim an interim relief. You should also seek temporary injunction against demolition and alteration on the land through permanent or temporary construction.

The gift deed is valid and there is no need to shift to another land. If you shift on adjoining land without any deed of conveyance your right in the gifted property will cease. Consequently you’ll get nothing. 

When you got that land through a gift deed then execution of the sale deed is not required. You should get a mutation of that in your name on the basis of that gift deed. 

However, you cannot claim ownership on the basis of mutation but it is evidence of your possession on the land. The gift deed itself proves your ownership thus no need to execute any other deed of conveyance in respect of gifted property.

No person has raised any question on the validity of the gift deed. Hence, you’ll easily get mutation in your name. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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