My mother land occupy in my relative
Sridaran
(Querist) 10 June 2013
This query is : Resolved
my mother living in Trichy. she bought agricultural land in her hometown nagoor on 1980. my grandfather was farming that land every year. In 1990 my grand father also passed away. After my Grandmother was farming that land. After my grandmother passed away on 2008. In mean time i and my brother went to malaysia. so i didn't see my mother land. After that my uncle son farming the land. He didn't give any money for his profit. we didn't ask him too.Because he is my relative and poor family. Last year 2012 i try to sale my land. That time he asked me to give share 3:1. Otherwise you can't sell.i told him i give you some money. he didn't accept. he don't have any proof for farming.i didn't put any aggreement to him.
I have all my landing document and tax receipt every year. I gave to complaint in local police station. But he suddenly put the civil case. He sent to me lawyer notice. In that notice he has mention 25 years farming that land. Now he is doing farming in my mother land.
My mother is 65 years old.
she is heart patient and she can't walk long. Now my friend said, If you go to the court you will get judgement above 10 years. Now i totaly upset. what will do. 1.How to stop his farming?.
2. can i start the farming?.
3. can i get power for that land?
because my mother can't go court or police station every time. If i get the power, can i handle government works legaly?
4. what is the court procedure for this case?
Adv Archana Deshmukh
(Expert) 10 June 2013
What case he has filed? Is he claiming ownership by adverse possession? Nothing can be concretely adviced without going thru the papers. Engage a good local lawyer and show him all the documents and act as per his/her advice.
Shashikant V. Patil
(Expert) 10 June 2013
In every state there are different different land documents existed in respect of ownership and cultivation columns mentioned therein according to state land laws. Firstly you have to check up land record of the subject alleged land ,who was in ownership and who was in cultivation? you obtained said land record then approach to Lawyer who deals the land related cases, he will guide you properly.
R.K Nanda
(Expert) 10 June 2013
consult local lawyer.
Rajendra K Goyal
(Expert) 10 June 2013
you have mentioned that your mother is old lady, she can not go to court time and again. Get Power of attorney in you favor. Engage a good local lawyer to look after your interest. In civil suits time is taken, but in absence of acceptable alternate, one has to proceed.
Advocate Ravinder
(Expert) 11 June 2013
Unlike other civil cases, the disputes relating to open land are very cumbersome and complicated which involves lot of issues. As Shashikanth had told you the Tenancy Act, and ROR Act and REvenue Acts differs from state to state in most of the aspects, hence it is better to hire a experienced lawyer preferably of your local area.
