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Abhimanyu Bind (Account & Audit Assistant)     13 September 2015

Illegal occupancy on our land by relatives

My father bought an agricultural land in UP in 2005 with the help of my one of the Uncle (my mothers' brother) with the land holder who was holding 0.316 hectar land with his minor brother at that time. 

He sold us half of the land as his part, which is registered on my mothers' name.

My uncle and his family who helped us to buy above land, had made a hut on a good enough part of our opened land few years ago and  they were also cultivating the other part as the same instructed by us due to relationship and in good faith.

But after few years when we asked them to leave the part on which they had made hut, they clearly denied and said they have bought it from the land owner and they will not vacant the land. 

After that my parents hired a services of a lawyer (actually it's 3rd lawyer) and filled a civil suit as per the information I've received (I don't have the idea about case proceedings as the lawyer is not giving me very much information on phone and my parents are not well educated to understand the proceedings and activity lawyer is doing).

Now, in response My uncle made a sell deed in July, 2014, claimming they have bought that part of land from second owner, i.e. the part of the brother of the land owner from whom we bought the land in 2005 who was minor at that time.

Now, I just checked the land records online as per that,

They have applied to register 0.073 hector land on his wife name and with a 3rd person jointly in 2014 and this is showing in remark section, my uncles' name is not in the list of joint holders of the land.

Now the situation is as follows,

Total Land= 0.316 Hector - Bought by us 0.158 Hector

Out of remaining land  i.e. 0.158 hector, he had applied for registration 0.073 Hector.

 

Now the problem is,

Starting and Ending limit of land is unknown in all directions, and also there are many houses of other villegers near by the open land, and my uncle has occupied a good part of our open land clamming he is owner of it. He is not ready to listen anything and not ready to leave it. 

My parents have hired a lawyer since last 2 years, who is claimming filled a civil suit but the situation is same.

Now, I request to you experts to guide me, what  I do? How I tackle?

1) How we get back the illegally occupied land from uncle?

2) Who can be hold responsible for current scenerio? The actual land owner who sold land to us without specifying the clear limits of land in each direction?

3) Can we pursue the actual land owner for clarifying the actual limits and freeing it from other villegers who have made there houses on other part of land before or after buying the ownership by us?

My uncle is pressurising and harassing my parents and even threating from different means for different and false reasons by bringing some illitrate villegers!

Thank you in advance for help.

Regards,

Abhimanyu



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     21 September 2015

You have to involve the elders and heads of village to arrive at an amicable solution or else fight it out in the court.  Consult your advocate on further issues. 

1 Like

Abhimanyu Bind (Account & Audit Assistant)     24 September 2015

Thank you for the reply Sir. Actually, my parents have tried all means as you suggested. And finally they have filled a court case as well but I don't think if there is any improvement though I've not personally involved in all these until now. 

Once I talked to lawyer on phone, I asked him why we cannot file a case of illegal occupency on private property? He said we cannot do so, it will weaken our case. And no need to say I am not saftisfied with this reply and wanted to know if he was right with this approach? I am planning to meet the lawyer personally in next week so I can know exactly what he is doing with the case.


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