Your Rights in Land Disputes
Land and property disputes are common and complex. Whether it's boundary disagreements, illegal possession, or government acquisition, Indian law provides clear protections under several Acts.
1. Right to Clear Title and Ownership
- Transfer of Property Act, 1882: Any property sale must be through a registered sale deed.
- Registration Act, 1908: All transfers of immovable property above ₹100 must be registered with the Sub-Registrar.
- Mutation in revenue records is not proof of ownership—only registered title deeds are valid.
2. Illegal Possession & Encroachment
- You can file a civil suit for possession under Section 6 of the Specific Relief Act, 1963, even if you're not the owner.
- Owners can file for permanent injunctions to stop trespassers.
- Police complaint + temporary injunction from court are common remedies.
3. Government Land Acquisition
- Right to Fair Compensation and Transparency in Land Acquisition Act, 2013: Protects your land from forced acquisition.
- Compensation must be at least 2× market value in urban and 4× in rural areas.
- You can object and appeal the acquisition notice before the Collector and High Court.
4. Boundary or Title Disputes
- Title suits can be filed in civil court with support from survey maps, sale deeds, and tax records.
- Revenue authorities can demarcate boundaries, especially in rural disputes.
- Adverse possession defenses must show uninterrupted use for 12 years (30 years for government land).
5. Partition Disputes in Family Property
- Any co-owner can file a suit for partition in civil court under the Hindu Succession Act, 1956.
- Female heirs now have equal share after 2005 amendment.
- Once partitioned, you get a distinct title and possession.
6. How to Get Help
- Hire a lawyer for title verification, sale agreement drafting, and dispute resolution.
- Approach the local Taluk or Village Officer for encroachment reports or land records.
Tip: Always verify land titles, survey numbers, encumbrance certificates, and obtain a legal opinion before purchase.