Unauthorised occupation of land

j.r.kota (Querist) 14 November 2011 This query is : Resolved
Dear Sir,
The husband of the seller of the land to me, who has signed the document as a consenting witness in the registration of the property with the Sub Registrar's office, after a gap of nearly 11 years forcefully occupied the land and put a fence, two months ago. This action is despite receiving the full consideration for the property at the time of registration. The property has been in my possession and enjoyment and the record of rights is in my name and the land revenue has been paid by me in my name all these years. The forceful occupation is because of partition of property disputes among the brothers (in sellers family. The police in spite of written complaints have not intervened for reasons best known.On persistence they have acknowledged the complaint as NCR(Non criminal report).I do not want to pursue the case as a civil dispute as this may take years to see the light of the day and secondly now the property is in his possession for the last two months illegally. Can I insist on the police department to register it as a criminal case? Can't it be treated as a land mafia case? How to proceed with the case as a criminal crime.
regards
j.r.kota

Follow Query

Report Abuse

ajay sethi (Expert) 14 November 2011
you will have to file civil as wellas criminal case .

suit for declaration that you are owner of said property for injunction against sellerrestraining him from creating third party rights , appointment of receiver for the property .

in addtion file a criminal case . consult a local lawyer .

Rajeev Kumar (Expert) 14 November 2011
Mr. Sethi is right

Sailesh Kumar Shah (Expert) 14 November 2011
File complaint before M.M. under section 156(3)CRPC.

Shonee Kapoor (Expert) 15 November 2011
First file case of illegal trespass and then follow up with civil cases.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 15 November 2011
You have been wrong fully dispossessed but you state you do not want to pursue any civil case because of its lengthy time taking procedure.

You wish us to tell you a remedy that you can pursue vied criminal side with help of police.

Then let police report to the Executive Magistrate an apprehension of breach of
peace is expected between you and opposite side and let a proceeding under section 145
Cr.P.C.get started.

This the only alternate i can fore see in visualizing your choice of forum.

All the best.

Guest (Expert) 21 November 2011
I agree with experts.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries