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

Mr. Alok Sharma, a resident of Amodpur, is facing a severe and escalating land dispute with his uncle’s family in their ancestral village of Ratanpur. The issue dates back to 1982 when his grandfather, Mr. Ramesh Sharma, and his two brothers, Suresh and Mahesh, formally partitioned their ancestral 36 acres of land. Each brother received an equal share.

In 1987, the state government acquired 3 acres of this land for a water reservoir project. This parcel was from the share of the youngest brother, Mr. Mahesh Sharma. Compensation of ₹50,000 was paid out, which was shared among the brothers as they were living as a joint family at the time. However, a flood in 1992 destroyed the reservoir, and Mr. Mahesh Sharma subsequently began cultivating the 3 acres again, treating it as his own.

Further complications arose over the years. In 2005, Mr. Mahesh Sharma’s eldest son, Bipin, passed away in an accident. In 2007, the elder grand-uncle, Mr. Suresh Sharma, gifted 4 acres of his personal share to Bipin’s children. Later, when Bipin’s widow attempted to sell this gifted land, Mr. Suresh Sharma contested it in court. In 2009, he won the case, and the court issued an order to cancel the land transfer. Despite this court order, the official revenue records were never updated and still show the land in the names of Bipin’s children.

Now, with both Mr. Ramesh and Mr. Suresh Sharma deceased, Mr. Mahesh Sharma and his descendants have become aggressive. For the past two years, they have been harassing Mr. Alok Sharma and his father. They are demanding a complete re-division of the original 36 acres and are illegally cultivating about 5 acres of the Sharma family’s rightful share. They have also taken control of a 5-kilometer irrigation pipeline, which Mr. Alok’s father had constructed at his own expense, and are preventing him from using it.

The harassment has included threats of physical violence, intimidation of farm labourers, and actively obstructing any cultivation or leasing activities on the Sharma family’s land. A recent village council meeting to resolve the matter failed, even after Mr. Alok’s family offered a compromise. The situation is tense, as Mr. Mahesh’s family resides locally and uses their presence to intimidate Mr. Alok’s family, who live in the city.

Advice in such cases

This is a multi-layered dispute involving issues of title, possession, illegal occupation, and criminal intimidation. A strategic, multi-pronged legal approach is necessary.

• No Re-division is Required: A property once legally partitioned and recorded through a valid deed in 1982 cannot be subjected to re-partition simply on the demand of one party. The 1982 partition is legally binding on all successors.
• Status of the Acquired 3 Acres: The 3 acres acquired by the government legally belong to the government, regardless of whether the reservoir exists or not. Mr. Mahesh Sharma’s cultivation on it is essentially encroachment on government land. While this may not directly impact your share, it shows his disregard for legal processes.
• Correction of Revenue Records: The 2009 court order cancelling the gift deed is a powerful document. You must file an application with the concerned Tehsildar or District Collector, along with a certified copy of the court order, to get the revenue records rectified.
• Illegal Occupation and Harassment: This requires both civil and criminal action. You can file a civil suit for a permanent injunction to restrain them from interfering with your possession and cultivation. For the 5 acres they have illegally occupied, a suit for recovery of possession is required. The threats and intimidation are criminal offences.
• The Irrigation Pipeline: Since your father built it, it is his private property. Their obstruction is illegal. This can be included in the civil suit for injunction.

Applicable Sections of Law

Your case involves aspects of both civil and criminal law. The following provisions, particularly under the new Indian legal framework, may be applicable:

• Bharatiya Nyaya Sanhita, 2023 (BNS):
  • Section 351 (Criminal Intimidation): For the threats to break your father’s legs and other forms of intimidation.
  • Section 141 (Assault): If any physical force was used or attempted.
  • Section 320 (Mischief): For damaging property or obstructing the use of the pipeline.
  • Section 328 (Criminal Trespass): For illegally entering and cultivating your 5 acres of land.
• Civil Procedure Code, 1908 (CPC) and Specific Relief Act, 1963:
  • Filing a suit for Declaration of Title, Recovery of Possession, and Permanent Injunction. An application for a Temporary Injunction can be filed along with the suit to get immediate relief from the court, restraining the other party from interfering with your property until the case is decided.
• State-specific Land Revenue Code:
  • Provisions for correction of land records (mutation) based on a court decree.

If you are the complainant

You need to act methodically to protect your rights and property.

• Gather all Documents: Collect the 1982 partition deed, the 2009 court order, current revenue records, any photographs or videos of the illegal cultivation or threats, and proof of your father’s expenditure on the pipeline.
• 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.
• File a Police Complaint: Based on the threats and illegal activities, file a written complaint at the local police station, detailing all instances of criminal intimidation, trespass, and mischief. If the police are hesitant, you can send the complaint to the Superintendent of Police by registered post or file a private complaint before the Magistrate under Section 156(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Initiate Civil Proceedings: Your lawyer should immediately file a comprehensive civil suit seeking a declaration of your rights, recovery of the 5 acres, and a permanent injunction against the relatives to stop the harassment and interference. An application for an interim injunction is crucial for immediate protection.
• Correct the Revenue Records: Simultaneously, file an application before the revenue authorities (Tehsildar/Collector) for the correction of the records for the 4 acres, attaching the 2009 court order.

If you are the victim

Your safety and the preservation of your legal rights are paramount.

• Do Not Engage: Avoid any direct physical or verbal confrontation with the aggressive relatives. Let the legal system handle the dispute.
• Document Everything: Keep a detailed log of every threat, act of intimidation, or instance of trespass. Note the date, time, location, persons involved, and any witnesses. If it is safe to do so, record audio or video of the threats.
• Inform the Police: For every fresh incident of threat or aggression, make a call to the police helpline or visit the local station to place the incident on record. This creates a paper trail of their behaviour.
• 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.
• Secure Your Property: If possible and advised by your lawyer, take steps to secure your undisputed land, perhaps by fencing or putting up signboards indicating your ownership, but only if it can be done without escalating the conflict.

How the police behave in such cases

In property disputes between relatives, the police are often cautious. They tend to view these as “civil matters” and may be reluctant to file an FIR, suggesting that the parties should approach a civil court. However, when there are clear elements of cognizable criminal offences like criminal intimidation (threats of violence), assault, or mischief, they are duty-bound to register a case under the Bharatiya Nagarik Suraksha Sanhita (BNSS). Having a lawyer accompany you or sending a formal legal notice through a lawyer can often compel the police to take the criminal aspects of the complaint more seriously.

FAQs people normally have

What evidence is required?

Strong documentary and circumstantial evidence is key to winning such a case. You should compile:

• The registered Partition Deed from 1982.
• A certified copy of the court’s decree from 2009 cancelling the gift deed.
• Current and past revenue records (e.g., 7/12 extracts, Khasra Girdawari) for all disputed parcels of land.
• Photographs and videos showing the illegal cultivation on your 5 acres and the obstruction of your pipeline.
• Contact details of witnesses, such as farm labourers who were threatened or neighbours who have seen the harassment.
• Any records of previous police complaints or village council meetings.
• Receipts, bills, or bank statements proving your father’s investment in the irrigation pipeline.

How long will the investigation take?

It’s important to differentiate between the timelines for criminal and civil cases.

• Police Investigation: After an FIR is filed, the police investigation under the BNSS has prescribed timelines. For offences punishable with imprisonment of more than seven years, the investigation should ideally be completed within 90 days. However, delays are common, especially in complex cases.
• Civil Suit: Land disputes in civil courts are known to be time-consuming. A case can take several years to reach a final judgment, often going through stages of pleadings, evidence, arguments, and then potential appeals to higher courts. However, the most critical part, obtaining a temporary injunction to stop the harassment immediately, can often be achieved within a few weeks to months of filing the suit.

Advocate Sudhir Rao, Supreme Court of India