If you are stuck in such a situation, here is what to do.

A similar case involved Mr. Ramesh Sharma and his two brothers from a town in Vindhyachal Pradesh. Around 2005, they inherited approximately 15 Bighas of ancestral land from their father, Mr. Om Prakash Sharma. The inheritance mutation record (Virasati Inteqal) was documented in an old regional script which they could not fully comprehend at the time. They operated under the assumption that their grandfather might have sold the land prior to his demise, leading them to not pursue the matter further.

Recently, upon reviewing their actual land holdings, they discovered they only possess about 3 Bighas. The remaining 12 Bighas are missing from their possession. Upon making local inquiries, they found that several buildings, constructed over 15 years ago, now stand on what they believe is their ancestral land. Mr. Sharma and his brothers are certain that they never sold any part of this inherited property and are now seeking a legal path to reclaim their land.

Advice in such cases

Navigating such complex property disputes requires a systematic and legally sound approach. The passage of time and existing construction complicates the matter, but it does not necessarily extinguish your rights. Here are the steps to consider:

• Document Verification: The first step is to gather all available documents, including the original inheritance mutation record. Get these documents officially translated and verified by a competent authority or a legal professional proficient in the old script.
• Obtain Current Land Records: Procure certified copies of the latest land records (like Jamabandi, Fard, or Khasra Girdawari) from the local revenue office (Tehsil or Collectorate). This will show the current recorded owner of the disputed land.
• Trace the Title History: You need to establish a clear chain of title from your grandfather to the present day. This involves examining all transaction records at the sub-registrar’s office to see if any sale deeds were fraudulently executed.
• Issue a Legal Notice: Once you have gathered preliminary evidence, your lawyer can issue a legal notice to the current occupants of the land, stating your claim and asking them to vacate the property.
• File a Civil Suit: If the occupants do not comply, the primary remedy is to file a civil suit for a ‘Declaration of Title’ and ‘Recovery of Possession’ in the appropriate civil court.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

Property disputes are primarily governed by civil law. The key statutes applicable here would be:

• The Specific Relief Act, 1963: Sections 5 and 6 allow for the recovery of possession of specific immovable property. Section 34 allows for filing a suit for a declaration of one’s legal title to the property.
• The Limitation Act, 1963: This is the most critical law in such cases. Article 65 of the Act prescribes a limitation period of 12 years for filing a suit for possession of immovable property. The clock starts when the possession of the defendant becomes adverse to the plaintiff. The occupants might claim ‘adverse possession’, arguing they have been in open, continuous, and hostile possession for over 12 years, which could extinguish your title. Your lawyer will need to argue against this claim effectively.
• Code of Civil Procedure, 1908: This code lays down the procedure for filing and conducting a civil suit in court.
• Bharatiya Nyaya Sanhita (BNS), 2023: If elements of fraud, cheating, or forgery are discovered in the land records or transaction history, a criminal complaint can be filed under the relevant sections of the BNS. However, the civil suit for title recovery will proceed independently.

If you are the complainant

• Act Swiftly: The Limitation Act is a significant hurdle. Any delay can weaken your case. Begin the process of gathering documents and seeking legal advice immediately.
• Preserve All Evidence: Keep all original documents, revenue records, correspondence, and even notes from conversations with neighbours in a safe and organized manner.
• File for Injunction: Along with the main suit, your lawyer may advise you to file for a temporary injunction to prevent the current occupants from selling or creating any third-party rights over the disputed property during the pendency of the suit.
• Claim Mesne Profits: You can also claim ‘mesne profits’, which is compensation for the wrongful possession of your land by the occupants, for the period they have illegally occupied it.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

If you are the victim

• Understand Your Rights: As a legal heir to ancestral property, you have a right to your share unless it has been legally and validly transferred. Do not be intimidated by the existing constructions or the passage of time.
• Avoid Confrontation: Do not engage in any physical or verbal altercations with the current occupants. This can lead to criminal complaints against you and will not help your property claim. Let all communication be handled through your lawyer.
• Be Patient: The legal process for property disputes in India is known to be lengthy. You must be prepared for a long-drawn-out litigation process that may go through multiple levels of appeals.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

The police have a limited role in such matters as they are primarily civil in nature. Their involvement is generally restricted to:

• Maintaining Law and Order: The police will intervene only if there is a breach of peace or a potential for violence between the parties.
• Directing to Civil Court: In most cases, the police will refuse to register an FIR for trespass regarding a long-standing dispute, advising both parties to seek remedy from the civil court, which is the proper forum for deciding title and ownership.
• Investigating Criminal Elements: If you file a specific complaint with credible evidence of forgery, cheating, or criminal intimidation (supported by proof), the police may register an FIR under relevant sections of the BNS and conduct an investigation. However, this criminal investigation will not decide the ownership of the land.

FAQs people normally have

What evidence is required?

To build a strong case, you will need a comprehensive set of documents, including:

• The original inheritance document (Virasati Inteqal) and its certified translation.
• A complete chain of title deeds and revenue records (Jamabandi) going back as far as possible.
• Certified copies of all land records from the revenue department showing the history of mutations.
• Proof of identity and a family tree to establish your rights as a legal heir.
• Any old property tax receipts or utility bills related to the land, if available.

How long will the investigation take?

It is important to distinguish between a criminal investigation and civil litigation. A police investigation into a criminal complaint of forgery might take a few months to a year. However, the civil suit, which will decide the actual ownership of the land, is a much longer process. Civil litigation for property disputes in India can easily take several years in the trial court alone, followed by potential appeals in the High Court and the Supreme Court, which can extend the timeline significantly.

Advocate Sudhir Rao, Supreme Court of India