Attempt to encroach upon and grab my residential land

Tilak Marg Forum for Legal Questions Forums Property Law Attempt to encroach upon and grab my residential land

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    • #3853
      Anonymous
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      I have a residential plot in Uttar Pradesh, while I am living at present in Maharashtra due to my job. Last week, when I visited my plot, I found that 2-3 persons have tried to encroach upon and grab my land by putting up temporary structures with shops. What should I do in such a case? Can they change the ownership in their own name by some forgery or cheating?

    • #3875

      Firstly, note that this act may amount to the offence of criminal trespass defined in Section 441 of IPC and punishable under Section 447 IPC. So, you can initiate action for this offence against trespassers. You may also take steps for their eviction.

      Since it appears to be a vacant residential plot, you may put a fencing wall around it so that outsiders are not able to trespass the land without your permission.

      If the registration and mutation are in your name in the relevant records of the authorities concerned, it may not be possible for the encroachers to change the records in their names without your permission. You may inform the authorities concerned about any possible fraud / forgery in this regard, requesting them not to transfer the same without your permission. Also keep a regular watch by periodically checking the plot physically either yourself or through your representatives.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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