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Someone threatens to demolish our property

Shivendra Pratap Singh

Advocate

03/03/2021

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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.

Question:

  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

Advocate

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

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