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Sonu kumar (Self Emp)     15 June 2018

How to vacate my agriculture land

My grandfather transfered (Registered deed) some agriculture land to me in Feb 2018 in Haryana HISSAR. But the problem is that a relative had taken this land since 2008 on Lease NOT IN WRITTEN (LEASE ONLY ON VERBAL COMMUNICATION) but now his intentions is not to vacate. I don't want him(relative) to continue. Also since tranfer date I have not given any consent or agreement (no money taken) to him(relative) to continue but he is continue on lands. What are the steps i want to take to remove him (relative) so that i able to take self full control (Vacate him) of my agriculture land. Kindly Please suggest. Thanks Regards Sonu Kumar Read more at: https://www.lawyersclubindia.com/


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 2 Replies

Raghav Arora   16 June 2018

Hi! Thanks for the question! First of all, you are required to disclose, whether your grandfather, who has transferred the land to you, is the absolute owner of the land in question? If yes, then, further you are required to disclose as to whether there is any house or dwelling unit upon the land in question and does your relative live in that house or is he living somewhere else and uses the land solely for agricultural purpose? Further, what documentary evidence does your relative has to show that he is residing on this land or otherwise, he has some control over the land? If his possession is proved/established, whether legal or illegal, you will have to follow the due course of law, although this will cost you some money an time, you will have him evicted off your land.

If he is only ploughing in a capacity of a worker/servant, you can simply tell him not to come anymore. But in case, he and/or his entire family is residing over the land or part of land then you will have to go to the civil court, as, as per the prevailing laws, nobody can be evicted forcefully without due process of law. Although this will take some time but you will be able to have him evicted off your land.

Apart from that, another point is also clear that you have become the owner of the property in 2018 only vide a deed executed by your grandfather in your favor. Now as per prevailing laws you are required to give him a notice informing your relative that you have become the owner and you don't want him to continue. If he denies delivering the possession to you, you have no option than to go to the civil court.

Good Luck! Please feel free to ask further questions if any! 

Sonu kumar (Self Emp)     16 June 2018

Thanks for reply


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