My relatives forcibly captured house
satnam singh
(Querist) 31 May 2014
This query is : Resolved
Hi, we have family house in Punjab which house in lal lakeer. and that house is build by our grandfather, since 1960 house was vacant and some of our family members use to stay in when ever they visit Punjab. just to inform all of stay out of Punjab.
but now last year one of our relative straying in that house, and he did apply electric and water line under his name. now he say that house is belong to him as that is in lal lakeer. but acctually we 7 families who are the members.
Pls help me what can I do to take my share in that house.
Dr J C Vashista
(Expert) 31 May 2014
File suit for possession, consequential damages and mesne profits for the period when it was illegally possessed by the relative through your local lawyer
prabhakar singh
(Expert) 31 May 2014
Follow the advice of Expert : Dr J C Vashista
Satya nand aggarwal
(Expert) 31 May 2014
I agree with the experts, . File a suit for possession by partition if the person in possession is also a co sharer along with other reliefs as suggested by experts.
malipeddi jaggarao
(Expert) 31 May 2014
Who was paying municipal taxes till now. Whether the house was having electric connection and water connection previously or not. What is the documentary proof that house belong to your family.
If you have these things in hand, you can make a complaint to the police for illegal occupation of the house. At the same time, you can serve a legal notice on the occupant that it is illegal and he has to give the possession back forthwith.
If these things do not work, please follow the advice of Dr.J C Vasistha.
ajay sethi
(Expert) 31 May 2014
agree with experts
Rajendra K Goyal
(Expert) 31 May 2014
Agree with the advise of expert Dr J C Vashista ji.
Advocate Ravinder
(Expert) 01 June 2014
By the above, I understand that your relative had fraudulently got some title document in his name and subsequently he managed to change his name in municipal and electricity records.
Merely by paying municipal tax and electricity bills and being in physical possession, one cannot become owner of the property. He has to prove the same with the help of title documents.
Hence, follow the advise of Vashista sir. Let us see what documents your relative will present into the court as his defence. Obviously they may be forged or fraudulant documents.
Biswanath Roy
(Expert) 01 June 2014
Rightly advised by Learned Dr. J.C. Vashista. Follow his advise.
T. Kalaiselvan, Advocate 
(Expert) 01 June 2014
This isan illegal occupation if the occupier is not a co-sharer in the family property. Suppose he is also a co-sharer, partition suit and separate possession of share of each sharer will be the remedy. You may consult a local lawyer and first issue a notice to the occupier based on the situation.
dr g balakrishnan
(Expert) 05 November 2016
he has adverse possession right, might be. it is not easy to vacate him, simply go for mutual settlement with him as you say he is a relative indeed he too might hold right on the property.
you need to define what is illegal occupation? that is absent in your note sir.
Law never presumes but goes by facts. lot of facts are missing in your plea here.
