Illegal occupancy on our land by uncle
Abhimanyu Bind
(Querist) 24 September 2015
This query is : Resolved
My parents given right to cultivate and grow crop on our agricultural land in UP to My Uncle (My mom's brother) few years ago around the year 2004-05 (no written contract as it was in relation), he made a small hut on the land and done the said activity continuously.
But now the problem is, he is denying to vacant the land and claimming it his land.
My questions are,
1) Can we file a criminal case against him for illegal occupancy? or it's a matter a civil suit?
2) What are the difference between both type of cases?
H.M.Patnaik
(Expert) 24 September 2015
Before answering your query ,pl. enlighten us whether your father is alive and what steps he has taken so far to get the agricultural land in question vacated.
Basing on the little info. posted above,my answer would be that this is a matter of civil dispute.
Supposing , there is a physical intimidation or manhandling by the illegal occupant during the process of vacation, in that case you can approach local police for
your safety , this is a matter of criminal case.
Abhimanyu Bind
(Querist) 24 September 2015
Thank you for your reply Sir. My father is alive. And the land is on the name of my mom bought and registered in the year 2005 from the owner of the land who sold the half of the land as his part which was open, and the remaining half of the part was on the name of his brother ( where other villagers have their houses which is not on their name of course) who was minor in 2005 now 24 year old.
Now, uncle is denying to vacant the said land and claiming it bought by him from the younger brother ( about whom I've mentioned above), and their is no reason to accept the claim as the land is already registered on our name in govt records.
Here Are the steps taken by my parents in these years,
1) Direct communication to him and his family
2) Through village Panchayat where they could not prove if they have part in land anyhow but they denied to vacant the land again against the panchayat order which was in our favour.
3) Through help of police complaints (not fir as they never registerd the same).
4) Through Local MLAs Chmchas (man) by paying him hefty amounts.
5) And ultimetly through lawyers, first one charged a good of fees but could not change the situation even an inch, and second one is talking about some court dates since last one year but again the situation is as it is, he i saying he has filled some civil suit but on what issue, he
is avoiding to inform me about, my parents are not well educated so cannot understand legal proceedings, and it is first time I am going to meet the lawyer personaly in
next week.
Anirudh
(Expert) 26 September 2015
It is only a civil case and not a criminal case.
Rajendra K Goyal
(Expert) 28 September 2015
In the given circumstances it is civil case.
Try to have amicable settlement if possible.
Abhimanyu Bind
(Querist) 29 September 2015
Thank you experts for your suggestions. And Rajendra Sir, amicable settlement is totally based on the intentions of parties. And their intention is to misappropriate the open land any how.
T. Kalaiselvan, Advocate
(Expert) 01 October 2015
You are yet to meet your lawyer so first meet him, ascertain the nature of suit he has filed, the status of the case and other details and then revert with the same question for more opinion on the issue.
