Jainantony Antony 25 February 2020

to get possession

my father has purchased a land property from his elder brother by a sale deed before 45 years.later my father died.we the children came to know about this deed recently .we got the original sale deed.but the above said property is in the possession of the children of the father 's elder brother they are not willing to return the property to us.what remedy is available to us to get the possession of the above said property on the strength of original sale deed on behalf of our late father ?

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13 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 25 February 2020

Dear querist,

You can file suit for eviction and criminal complaint for tresspassing as your father's elder brother's children and not vacating the property.

Regards,

Adv Haresh Raichura (Advocate on Record) 25 February 2020

Before filing a suit, think about what possible defense will be taken by children... and then plan legal strategy accordingly

Javed Ansari (Senior Partner) 25 February 2020

please carry out title search report with the local sub registrar to check if any other deed of cancellation or otherwise is recorded as registered. accordingly plan to litigate for eviction and recovery of possession as advised by my learned friends

Jainantony Antony 25 February 2020

kindly give me a professional and valuable advice 45years of delay is a dilemma

Dr J C Vashista (Advocate) 27 February 2020

What was the purchaser doing for the last 45 years since execution of the document of alleged Sale Deed, where possession was handed over simultaneously / instantly. No one is going to hand over possession of land after such a long possession.

Prima facie it is an unbelivable, fake and fabricated story.

However, if there is some truth in the question it is advisable to consult a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.

P. Venu (Advocate) 27 February 2020

It could be that, in the instant case, the limitation commences from the day you have discovery of this material fact.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 27 February 2020

You are required to collect all latest documents pertaining to the said land first showing the status of ownership and possession and then consult a local civil lawyer for the lgal advice. As you have no reply whether your father had purchased the share of his brother in the joint land or not and whether the land still is joint and has never been got partitioned. If both replies are yes then you need not to worry.

In that event, simple application is required to be moved before Tehsildar being Assistant Collector-2nd Grade to get the land partitioned and deliver the possession of joint land as per shares of the contesting parties.

If land falls within the municipality then a civil suit shall have to be filed.

Shashi Dhara 29 February 2020

File civil suit in civil court for declaration and title.

free fire free fire 14 April 2020

I bought a property, 7 years ago through agreement, both the agreement witness are alive, but the seller is out of the country after selling the property, and can't send any document through embassy, but his family members are present here and they are ready to sign any document, and this property is builder transfer but builder is not ready to transfer. what suit should I file?

P. Venu (Advocate) 14 April 2020

Please post the query in a fresh thread.

Shashi Dhara 15 April 2020

File declaratory suit against them and compromise in Lok adalath .let seller abroad shall give pa to others .make them also parties in suit.the court fee will be refunded if you compromise

Palak Singh 28 April 2020

Hello, your cases seems like a case of unlawful possession.

A property owner can take a legal action against a person who illegally possesses the property under Section 145 of the CrPC. You can hire a lawyer to file a criminal complaint against the person. The complaint can be filed with the Superintendent of Police of the area where the property is situated.

In case the Superintendent of Police fails to acknowledge the complaint, a personal complaint in the concerned court can be filed through an advocate and the case can then be followed through a Special Power of Attorney when the owner cannot make his presence in the court.

Hope this answers your question!

Regards

Palak Singh

Varun Singh Kalra 17 May 2020

Hello Jainantony,

Your query has been answered by Advocate Vaibhav Kalra in this youtube video - https://www.youtube.com/watch?v=2-iyVqsW4kg from - 35.45 - 42.45

LAWyersClubIndia is coming with many more such Quick Query Resolution sessions for the querists looking for legal advice!

Hope you find this useful!