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Abhijit (Director)     17 June 2011

Sell of own property under illegal custody

We have our land of 278.4 sq. mts which is forcefully encroached by one of our distant maternal relative. He has put a slum like shed on it and staying in it. There are no basic amenities connections like water or electricity. We regularly pay property tax. 

He had previously filed a suit but he withdrew it because of lack of documentary evidence and accepted that we are legal owners yet did not vacate it. Earlier the property was on my mother's name but she passed away last year so we three brothers and father are owners of it.

Now we wish to sell the land but when we asked him to leave land he and his family are asking 50% of market value for it. We are not ready for the same. 

Please give an advice for the same

Thanks.

Abhijit Ohol, Sangli.



Learning

 1 Replies

S.MANIMARAN (Advocate)     17 June 2011

sir you have to file a suit  for delivery of vacant possession of the property before the civil court and you to

establishe that you and your brothers and father are  legllaly entitle for the property and claim damages for

using the property illegally  but  for doing this sum time will take or consult any advocate near by you along with

the suit paper filed by the said person the advocate will see whether any element is present for the filling criminal complaint before the concern authority


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