to get possession

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,

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.

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

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.

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

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!