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Amit Mitra   09 March 2018

Commercial land been occupied by cousin

Hi,
There is a property and land is on my father and uncle's name as 50-50 with clear marking of division. On the same property they both were doing business in last 20-25 years. Now my Father is old and left tge business and been occupied by my cousin brother. My father wanted his land share, so that he can put that on rent or sale. But my cousin brother don't want to leave a single penny of land.
I am the only married dauther of my parents. So can I go and start fight legally with my uncle's family to get the land back. Or Could you please suggest what's the best and quivk approach to get my father's share land back.?

THANKS IN ADVANCE



 3 Replies

R.Ramachandran (Advocate)     09 March 2018

Your father has every right to get his 50%.  That is the basic thing.  But to know as to how to go about it, I will suggest, better get in touch with a lawyer who is well versed in property law, show the documents that are in your hands, discuss the matter, and then take the further steps.  You should not waste time.  You should start the case when your father is still alive.  Your father will be in a better position to give various details that the lawyer may like to know.

Amit Mitra   09 March 2018

Hi Ramesh, thanks for your response,. The land has been inherited from grandfather and now on father and uncles's name as joint ownership with clear division that left side 50% belong to father and right 50% to my uncle. They were doing joint sweet/bakery shop business occupying complete land/building, employing 10 other labour. Now both my father and uncle left the business and handed over to cousin. My cousin brother doing the business. The division of land happend when my grandmother was alive and made the seperate deed to divide the land between brothers. Now when my father asking the peoperty which belong to him, they uncle/cousin brother are not ready to vacate it. And claiming it him as he is the only son/male in our generation. Let me know if you need any more information.

Amit Mitra   09 March 2018

Hi Ramesh, Ealier the business was in joint venture but from last few years when father came out of business, cousin the the sole owner of the running business on the paper as well. So to answer your question, No its not joint partership. But the land is still on his father (uncle) and my father's name.

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