Home | Legal Advice | Property Law | Someone threatens to demolish our property

Someone threatens to demolish our property

Shivendra Pratap Singh



Reading Time:

Someone threatens to demolish our property which is in possession for 50 years. There was a plot of 22 decimal, in which my father got ownership of 20 decimal. 2 decimals. plot couldn’t be written to anyone (might by mistake). But still in our possession since then.

In land survey of Bihar, (approximately in 1973), a separate plot of 18 decimal carved out from 20 decimal exhibited plot -A (our possession)). Remaining 2 decimal (out of 20) and other 2 decimal (that couldn’t be written) got merged to a different plot (say it plot B). Plot B doesn’t even belong to any of my ancestor even. It belongs to a person of different caste. Plot B is of 10 decimals. Four decimals in our possession and 6 decimals in owner of B possession.

Since death of my father in 2010, he started claiming this four decimals land, and now in 2021 he wants to demolish structures in it.


  1. Is it possible to recover all 4 decimal that has been merged to plot B.
  2. Can he demolish it legally?  What action should I take on owner of land B, if he demolishes my structures in 4 decimals that is in our possession since 50 yrs.

There are two separate plots properly recorded in the revenue records. Plot A is in your possession which is comprising of twenty decimals. The whole twenty decimals are in your possession. Ownership on plot A is undisputed because you have been in possession for fifty years.

Your possession is peaceful because your neighbour has never assailed ownership till 2010. However, he is claiming owner upon four decimals land after your father’s death, but he did not initiate any legal proceeding against you.

File injunction suit as soon as possible

In this circumstance you should file an injunction suit as soon as possible. Your neighbour has no right to demolish any construction erected in your land. He has no right to interfere in your possession either directly or indirectly. So, you should stop him to interfere in enjoyment of right by filing injunction suit.

The court will grant ad-interim relief and preclude him to demolish any construction till the disposal of civil suit. Thereupon he cannot threatens to demolish your property or cause unnecessary disturbance. If he does so then you can immediately approach the court. The court will stop such acts and ask surety from your neighbour.

File declaratory suit

In this condition you should get declaration from the court that you have exclusive ownership over the plot A. This right is essential in the current circumstance. Declaration from the court will exclude all the person to claim right, title or ownership on your plot. Hence, it is mandatory to file a declaratory suit against your neighbour.

shivendra pratap singh advocate

Shivendra Pratap Singh


Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Sale deed time out

Question: We had sold our land to a company back in 2018. He kept delaying registration but he paid us in instalments. We have around 70% of the total amount but we haven't been in touch for the last 2 years. We have filled our presence in tehsil on the last decided...

Can husband gift mother’s property to his second wife?

Question: Can husband gift mother’s property to his second wife? My husband married me after his divorce. He has a daughter from his first marriage and is living with her mom. I have also a daughter. My question is that if my husband gift me his mother's property to...

Can a Builder charge interest on Maintenance?

Question: Can a Builder charge interest on Maintenance, Maintenance security deposit, Prime lending charges (PLC), and Documentation charges? The property was already built and ready to move. But due to a delay in payment, I had not taken possession yet.  Although I...

Recovery of money from elder brother

Question: My elder brother and two sons took a loan from me for agricultural land development and my brother gave surety for that amount. Later my brother's sons did not return money so went into court and in court my brother agreed that “he needed to pay money for my...

Buying property without home loan 

Question: I have booked a flat for Rs. 51000 in Badlapur, Maharashtra. The price of that 1 bhk is 28 lakhs. I am buying that property without a home loan. The builder said you will get possession till the end of July 2022. But the housing website is showing June 2023...

How to recover possession of my land?

Question: Buyer has illegally encroached on my grandfather's property. In this condition please suggest how to recover possession of my land? I am fighting for my grandfather's property. My Grandfather has agricultural land of about 17 acres. In 1988 my grandfather...

Builder address not available for RERA filing 

Question: Can we file a case against the builder if his address is not available for RERA filing? Builder address given during registration not active. How to file a complaint to RERA if the builder address is not found to send a summon. He has left that office but...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.