Legal Question in Real Estate Law in India

Land dispute at Siliguri, West bengal

Purchased two plots bounded by a common brick wall at Shantinagar, Siliguri, Jalpaiguri Ditrict in 2001. I processed by clearing all legal and other required papers for loan from ONGC. On getting loan construction started from 2002 beginning on my plot and completed upto 2nd floor roof level

In March-2007 a person with few local Muscles forcefulyy occupied the vaccant plot of my relative and claiming that two plots of 10 katha is their land. our plots got mutated and registered and all approval was obtained for construction.

In this situation I am passing my days in great mental agony and tension as I am due to retire on 30.09.2007 and planned to settle in mu constructed house after completion of pending works. The claimant stated that this plot was purchased by his mother in 1965. He has also filed a caveat case against my caretaker and both of us.

In this situation please suggest how proceed and remedial action to be taken by me.////

In this situation I request your good a

In this case


Asked on 8/09/07, 7:46 am

5 Answers from Attorneys
Prabhat Shroff Shroff & Company

Re: Land dispute at Siliguri, West bengal

If not done so already, you should immediatelt file a declaratory suit in the local court praying for declaratuion that the land belongs to you. In this suit, you should also file an appropriate interim application for injunction restraining the opposite party to deal with and/or construct on the land till disposal of the suit.

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Answered on 8/10/07, 1:14 am
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: Land dispute at Siliguri, West bengal

please file a compliant in police station and file a case for injunction and tresspassing into your property, go to a good lawyer show all the papers ask him to verify physically from the concerned department as to whom the land belongs and whether the land purchased is valid and marketable title.

Regards.

B.Balasubramanya.

Advocate.

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Answered on 8/10/07, 1:58 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Land dispute at Siliguri, West bengal

If there is no substance in the claim of those persons, they are illegally occupying your plots. You may consider taking help of the police and court in evicting the trespassers.

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Answered on 8/10/07, 4:28 am
Alok Sharma Alok Sharma & Associates

Re: Land dispute at Siliguri, West bengal

you dont need any legal advice. Cases are pending in courts. Contest them with the help of a local advocate.Why r u worried when you are in possession with clear title.

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Answered on 8/09/07, 9:09 am

Re: Land dispute at Siliguri, West bengal

File police complaint against trepassers etc. and then file a suit for possession,permanent Injunction,damages against the trespasser.Consult lawyer of your area with all facts.

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Answered on 8/09/07, 12:49 pm


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