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spatel   03 January 2015

Illegal possession

Need advise please.

I have a farm house. Following document are on my name 7/12 property card, farmhouse electricity bill, occupancy certificate from gram panchayat, house tax from gram panchayat, plan approved copy.

Since past few days my uncle who is having a farm land beside mine is illegally trying to take possession over my farm house. Recently he has kept security at my place, not allowing me to enter my place. 

In this situation what legal action should i take? 



Learning

 5 Replies

Anish Thakur 7018812737 (advocate)     04 January 2015

File suit for mandatory injunction against your uncle and also lodge mpolice complaint for trespassing .

Advocate Ravinder (Advocate/Attorney)     04 January 2015

I Agree with Anish Thakur.  Please check up whether there are boundaries mentioned in your revenue records. For filing mandatory injunction you have to show the Judge your boundaries. 

Jai Karan Nagwan (consultant)     05 January 2015

Certain level of right of private defense to property is also available to the owner against the aggressor or trespasser, otherwise ultimate long term remedy as suggested above is great.

spatel   06 January 2015

Sir, filing a complain, will it prove in legal way that i am not having the possession? which he must be wanting me to do. 

what if i dont do anything for couple of months and wait and watch.? will i lose my possession. ?

thank you sir for your replies.

T. Kalaiselvan, Advocate (Advocate)     06 January 2015

You have all the documents but what about the property title documents? on whose name is the registered property document standing now?  What do you mean by occupancy certificate by gram panchayat?  Whether the property was occupied by your ancestors/grandfather/father very long back? whether the property was once upon a time government waste land subsequently occupied by  you?, What is the record your uncle having to show his title to the property? The 7/12 card or electricity connection or property tax will not confer title.  Better consult a local advocate and take his opinion based on the ground realities.


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