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Forced occupation of plot.

(Querist) 24 April 2015 This query is : Resolved 
My mother owned a plot measuring 250 Sq Yards at Rohtak Haryana, which was purchased thru her savings and my fathers money. Some 22 years back, she transferred 50 SQY to my step brother. He forcibly constructed a house on about 160 SQY in the same year and refused to allow entry to my parents and their children in the entire plot. Due to fear of physical harm, my parents did not take any legal action and tried to resolve the matter thru family dialog. The mater is still unresolved. Out of the whole plot about 77 SQY is open lawn, rest is passage. My mother transferred 112.5 SQY and 37.5 SQY in my name and in 2010 and 2015 respectively. However, my step brother is still adamant and denies us entry in the plot.

The property is not ancestral in any way and my father / mother never consented to any construction more than 50 yds given to him.

Kindly advise my legal position and how to secure possession my property.
P. Venu (Expert) 25 April 2015
What do you mean by "He forcibly constructed a house on about 160 SQY"?
RANDHIR SINGH (Querist) 26 April 2015
He started construction in his 50 SQY but covered 160 sqy on our back. we were living in village and he was in Rohtak. He threatened violence when we tried to intervene. No legal action was taken as it was a family matter.
Dr J C Vashista (Expert) 27 April 2015
Mr. Randhir Singh,
1. It is an academic and hypothetical query
2. When did your step brother construct 160 sq.yds.?
3. While construction beyond 50 yards was in the process did you opt to be silent spectator or initiated social/legal process?
4. During the elapsed period why did you not initiate social pressure or resorted to legal process?
5. How he (your step brother) was transferred title of 50 sq. yds. i.e., gift/sale/meets and bounds etc..?
Incomplete information. It would be better to consult a local lawyer.

T. Kalaiselvan, Advocate Online (Expert) 02 May 2015
The transfer of 50 Sq yards to your step brother was by gift or how?, what were you people doing while constructed encroaching other areas without objecting to it?, consult a local lawyer and file an eviction suit and also for possession.


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