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Date: 20 Jan 2016   Posted By: Slewyn     Group: Lawyers    Category: Indian Law   

My grandma made a will and a registered gift deed for 1 acre land on her 2 sons. The elder son(my father) gifted me the property through registered deed and paying tax.
Recently I have put a fence on the said property. But my fathers brother has filed a Civil suit against me/my father mentioning:
1. We have encroached his boundary and are asking for stay order and to remove the fence.
2. Out of the total 1 acre my father took half while he is having very less land.
Will the court ask me to divide the property and ask me to remove my fence?! What are the legal outcomes of the suit filed against me/my father?
Experts: do assist.

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Author: Venkiteswaran.    21 Jan 2016      Member Level: Diamond     Points : 5  (Rs 5)    Voting Score: 0

Here the issue is of encroaching. That is he claims that fences put in his property. So what is needed now is to accurately determine extent and boundary. For that first inspect property for the survey stones installed. If that can clearly distinguish the boundary of your property you can go ahead with fence put inside your boundary. If there is no survey stone for that, then:

For deciding and acting on each one's entitlement and extent and boundary, the original deed and the subsequent deeds have to be examined in detail.

Whether the will gave the correct extent and sketch or defined boundaries for each brother's property?
If so the original deed in favour of your father is your base document.
Then see how much and on which side with what boundaries your property is narrated in the deed.

If that also is clear, approach the village Office where the basic Tax Register is kept. Verify the tax paid up to date in your name and property record stands in your name. If so request for a sketch and possession certificate. Then request for a special measurement by the approved surveyor from Village Office or authorised by them.

If you are sure of your entitlement and that you are legally right, approach court to quash his application at the same court by placing correct position with documents or at a higher court. Claim damages and loss from him by legal notice.
But take precaution and ensure your side correctness first. If stay or quashing is not possible or may be delayed, then reply by affidavit to the court by convincing and seeking to allow your fencing, and undertaking to abide by court verdict when it comes.

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