Land captured by a person illegaly

Querist : Anonymous (Querist) 29 March 2018 This query is : Resolved
My father bought a house few years back. There's a man who was residing there as a tenant before we purchased it but he didn't have any receipt of his rent. He was just staying as a relative of the buyer. He now has a stay order and refusing to release our land. How can he claim on our land just on the basis of an stay Order and we have the original papers? So please tell me a way that how can we take our land back as soon as possible

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Siddharth Jain (Expert) 29 March 2018
File a suit for injunction and declaration against the said person

Vijay Raj Mahajan (Expert) 29 March 2018
How long the person is in possession of the property and when stay order of the court obtained and what terms, is it permanent stay or temporary, from which court, details?
No proper legal advice can be given unless complete facts of the case provided.

Guest (Expert) 29 March 2018
Discuss with a Good Advocate who could understand your matter/Facts as already described by you in detail and as per his guidance file the suits for Vacating the stay and Eviction Suit

Adv. Yogesh Pawar (Expert) 29 March 2018
If your land is captured illegally then approach police with necessary documents and lodge criminal complaint against that person.

Adv. Yogesh Pawar (Expert) 29 March 2018
If your land is captured "illegally" then approach police with necessary documents and lodge criminal complaint against that person.

Guest (Expert) 29 March 2018
Under IPC Sec 441 of 1860 - Any harmful entry in to the property owned by another person is a criminal offence.

Guest (Expert) 29 March 2018
Sec 52 of Transfer of Property also states the same.

Guest (Expert) 29 March 2018
Since you say that other side is having a Stay first you have to Legally Vacate the Stay and also should file Eviction Suit.

Guest (Expert) 29 March 2018
But at this stage the Police will not be able to entertain your Complaint but they would help you once you meet them with Court Orders.

Guest (Expert) 29 March 2018
Discuss with your Advocate

SHIRISH PAWAR, 7738990900 (Expert) 29 March 2018
You have to file civil suit as suggested above and in addition to above you have to appear in the case filed by tenant and try to vacate the stay. Appoint advocate and fight out the case.

P. Venu (Expert) 29 March 2018
Admittedly, there is an going litigation. Who are the parties? What are the reliefs sought? What are his pleadings? Why the stay has been granted?

Dr J C Vashista (Expert) 30 March 2018
If you are seeking obligation from experts you are required to disclose your identity as per rules of this platform, no reply for an "anonymous" author.

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