Arun Goyal (Area Manager) 04 May 2012

Ancestral property on land

Hi,

We have an ancestral property In Madya Pradesh, A part of which was given out on rent for a period of 11 months after a proper aggrement. But inspite of following up with the tenent from last 2 years to vacant the place he is not doing that.

He has even taken a electric connection on his name since the property was not having electrification. He is not even ready to renew the aggrement and moreover now has stopped paying rent.

This property is everything for us and my future too depends on this. It was given out in good faith to help a needy person but now he is extracting contatc with big ministers and not vacating the property.

We actually are fearing of the cases in court which keeps going on for years thus please guide me further on this.

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 04 May 2012

Dear Querist,

I am afraid you'd have to seek your judicial remedies when the talks don't work. File a suit for recovery of possession & Mesne Profits for the profits derived from illegal occupation of your land.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 04 May 2012

1. Besides the above solutions, Make a police complaint against the purported tenant under IPC u/s 97, 104,105,441 (Criminal Trespass) and if no action is taken, THEN file a private complaint with the local magistrates court under the above sections, indicting the station Police Inspector as the abettor.

2. Since the tenancy agreement has expired and since the encroached property part is a continuing part of the larger portion of the ancestral property, the said tenant is a encroacher and would come under the defination of a Criminal Trespasser.

However the above would depend on the clauses of your earlier tenancy agreement.

Keep Smiling .... Hemant Agarwal