Legal Question in Real Estate Law in India

This is an adverse possession case, wherein we are living in our place with registered land of 5 decimals. But we are in possession of land of around 7 decimals for over 50 years. Now my neighbor has claimed that extra 2 decimals of land we are in possession, is registered in his name. But he has not filed any civil case.

Now we have a plan to construct a house there. But my neighbor is obstructing and threatening the workers not to work there. Now our neighbor is in plan to break our boundary and effect a construction there, without legal trial.

I have also approached the police for threatening the workers. But police is not interested to take action against my neighbor.

My question is :

1. If my neighbor breaks our boundary and started construction without court order, shall it be a crime, because land is registered in his name (though we are in possession for over 50 years). What charges can be filed for this crime.

2. Can our neighbor threaten the workers under such situation in order to stay construction, without court order? Can FIR be registered for threatening.

3. Can I request for police protection, to carry on my own construction (as land is not registered in my name)


Asked on 10/12/12, 7:50 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Too long query/facts.

Consult your lawyer with all the details and documents for proper advice.

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Answered on 10/14/12, 9:50 pm


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