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Vikram RMD (Acc)     29 March 2016

Illegal construction on agricultural land

Dear Sirs,

Request your advice on the following:



Salient points:

 

 

1) Joint ownership of vacant agricultural land (by inheritance) by seven brothers.

 

 

 

 

2) No internal division of the land was done between the brothers. But they are all legal owners of the land by inheritance.

 

 

 

 

3) One brother died and his sons built house on part of this agricultural land without consent of the other surviving brothers. Without consent, without informing.

 

 

 

 

4) Land is agricultural land.

 

 

 

 

5) Sons mentioned in point 3 refuse to co-operate.

 

 

 

 

Questions:

 

 

 

 

What type of a case can be filed so that court declares that the house be removed?

 

 

 

 

Which court to file the case in? What level, what type of court?

 

 

 

 

What type of lawyer can handle this case?

 

 

 

 

Any other insights you would like to offer?

 

 

 

 

 

 



Learning

 2 Replies

adv.raghavan (Advocate,9444674980)     31 March 2016

You have file case under specific relief act, and jurisdiction of court will be , where the property is situated  , any seasoned civil lawyer can be engaged, alternatively u can contemplate to file criminal case also against trespassers.


(Guest)

Again same question which state you are in ? It is important while discussing Property law.

Additionally which local govt. is there Panchyat / Municiapl Council /Corporation ?

Whether you have proper land record where all names are updated ?

Whether you have proper land record showing it is Agriculture Land ?

When Construction of House was completed ? Date please it is important ? And if electricity or essential service taken which date or month ?

Ans. this questions I can ans. better and to the point in many direction. 

 

 


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