My uncle claiming my father's land

he might be claiming rights on the basis of adverse possession. consult a lawyer and decide what could be done

we tried. but he is not not ready to giveup. he already discurraged  few buyer sayng this land is disputed.

Ownership on any land is usually of two types:

1. Ancestral property (handed over to the legal heirs);

2. Self created property;

I assume your father has purchased the land himself (Not borrowing any money from your uncle etc) - the said land belongs only to your father. However, possession perhaps on the said property is of your uncle.

In Property law's, title is one thing and possession of that property is another. If the possession of the said property is in your uncle's hand then your father will have to file a suit for Possession and permanant injunction is the competent court and get your uncle out of the said land, before your father can sell the same in the open market at a fair market value.

I hope this will be of help to you.

Thanks,

Advocate DN Tripathi,

dev.tripathi@gmail.com 

thank you Trpathi sir. now it is clear. one more small question. how dificult it will b to get posession order from court? it it long battle or bassed on ownership document we can get it easyly.

From the given facts it appears that you father is the sole and absolute owner of the agricultural land having his absolute right title and interest therein which he can sell or otherwise dispose of to any body according to his choice and wish. Let your father file a declaratory suit in the civil court praying for a declaration of his absolute ownership by submitting his purchase Deed in connection and thereafter file an application for permanent injunction against the uncle under order 39 , Rule 1 & 2 read with section 151 C.P.C  describing him as a trespasser..

While agreeing to the experts views, I would like to post my own opinion that since the landed property is self acquired property of your father, he had left it under the care of your uncle for maintenance and he was orally allowed to enjoy the revenue out of it towards the maintenance remuneration, your father can file an eviction suit against your brother stating the above reasons and plead that he squatted on the property and refusing to leave when asked to do so, also an application for permanent injunction against him may be filed.  Consult a local advocate and proceed on further issues.