Property dispute
Querist :
Anonymous
(Querist) 18 February 2011
This query is : Resolved
My father has some property in Kerala which is been encroached by his brother. Our property lies behind my uncles property so he has made gates so we cannot enter ours and a part of his building stands in our land. Since my father is no more, I ( living in US) and my mother (living in kerala) have filed a case against my uncle in end of 2008. My uncle is trying to delay the case as much as possible as he thinks that one day we will be fed and give up the case.
The comissioner had visited the property and wrote in our favor. But then my uncle filed requesting a second comissioner. But the court resend the earlier comissioner and the report is again in our favour and mentions he had made constructions in our land. The court is set for trial next month and my mother is called to give evidence
1)My question is as per the second report can we prosecute my Uncle.
2)If we prosecute him can he counter file against us.
3) As an NRI what will be the consequences.
Any help and insight willbe useful.
Raj Kumar Makkad
(Expert) 19 February 2011
Instead of thinking to prosecute and so on first defend your case vigorously as it is entering in a very serious stage. You can demand five or ten times of compensation from him for the period he is continuing the illegal possession. This can be sought in the same suit. NRI has also got equal rights.
Querist :
Anonymous
(Querist) 19 February 2011
Thank You very much for the advise. I will try to defend vigorously. My uncle is taking the advantage of me not there and delaying every step possible. Fortunately my mother is there. I hope the court makes a decision in our favour.
Querist :
Anonymous
(Querist) 19 February 2011
Also can anyone suggest how many times my uncle can adjourn the case.Is there a cap on the amount adjournment a defendent can get?
