While land buying and land ownership are two wholesome experiences, it is gruesome if you have been involved in a land dispute case. There are times when your neighbours aren’t kind and may give you a really hard time. If it is about land and you have finally decided to file a complaint against land dispute then it is important for you to know how to do it correctly. In this answer, I will share under what circumstances can you file land dispute case and how to file case for land dispute.How to file land dispute case?If you have had enough information about your land and its area and demarcations, you have the right to file land dispute case in case of any dispute. Here is how to do it:
You can visit the nearest police station and file a complaint against the concerned party.
List down your concerns and all the details in length in your complaint
It would help if you have your land details, property papers and tax receipts with you to establish legitimacy.
Next, you can take the complaint to the sub divisional office in your area
Submit one copy of your complaint to the magistrate and SP
A case in civil court will also be a good option. You can get a property lawyer to file the case on your behalf and take it up with the law to resolve the dispute.
Under which circumstances can you file complaint against land dispute?Other than a fight with your neighbour about the land, here are a few instances where land dispute might occur:
Claims by co-owners, family or legal heirs
Misrepresentation of facts by seller
Bad title of property
Disputes related to property acquired as a gift or through Will
Disputes related to easements rights
I hope now you know how to file a case for land dispute.
Back in 2005, my father filed a case of land dispute against our neighbour. He was continuously threatening us to vacate the property despite it being registered under my father’s name. So we made a decision and filed a case against him. So let me tell you about the land dispute cases.
Land dispute case types:
1) Section 441 (Criminal Trespass): When someone occupies a property illegally, or lawfully accesses a property. But fraudulently stays there with the aim to commit theft, or irritate the person in control of such property.
2) Section 442 (House Trespass): This is a type of "criminal trespass" in which a trespasser occupies a human residence, or any property used as a religious building or for the protection of property, without permission.
3) Section 425 (Mischief): Mischief is defined as when someone wrongfully causes damage to property or any modification in a property that reduces its worth or usability.
4) Section 420 (Cheating): This section applies when someone disrespects you and convinces you to transfer property to someone else.
How to file a case for land dispute in India?
You file a petition with the SDO, detailing all of your land problem complaints. You can give a copy to the district judge, the Superintendent of Police, and the local police station. You have to request that they check and specify your property so that you can establish a border. You can get better clarity about how to file a case after going through Punam’s answer.
What will you get if you win the case?
If you win the case in court, the judge may be allowed to do one or more of the following:
Announce that you own the land or that you have the right to occupy and utilise it.
Prevent others from holding, managing, or violating your property rights.
Avoid eviction by force.
Allow you to recover the land from which you were evacuated.
Provide you with new land or re-housing options. Even if you do not regain your own land, you may be able to acquire the right to other lands.
How to file property dispute case? Filing a case for a land dispute has a legal process that depends on the nature of the dispute, the value of the land, and the specific laws and regulations of the state in which the land is located.Here's a general overview of the steps for how to file a case for property dispute:
Before filing a case, you should consult an experienced attorney who specializes in property and land disputes.
Collect all relevant documents of land, such as property deeds, sale agreements, survey maps, possession records, and any other evidence that supports your case.
Before filing a case, you should send a legal notice to the other party involved in the dispute.
Depending on the value and location of the land in dispute, you'll need to file the case in the appropriate court.
Your lawyer will draft a petition giving the facts of the case, your claim, and the relief you're seeking. This document will be filed with the court.
You need to pay court fees when filing the petition.
Your attorney will file your petition and the court will assign a case number and a date for the first hearing.
Once your case is filed, the court will issue a notice to the opposing party, informing them about the case and the hearing date.
There will be pre-trial and trial proceedings for evidence exchange, disclosure of witnesses, and other formalities. Both parties present their arguments, evidence, and witnesses.
The court will hear both sides and issue a judgment. If you are dissatisfied with the judgment, you can file an appeal in a higher court.
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How to file a case for land dispute?
Tanmay
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September 7, 2021
2021-09-07T13:03:46+00:00 2023-09-04T17:42:56+00:00Comment
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