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Prasad (Student)     24 July 2012

Action against forceful possession of property

hello ,

       My father bought the land in the late 80s with a sale deed which is registered and notarise. We have all the related documents of the agricultural property. Please advise what legal action should be taken against the person who has forcefully taken possession of the land. He is the relative of the Owner who has sold the land. The relative's name appered on the 7/12 extract 5 years after the sale deed was made since my father did not complete the documentation procedure. However our names on the 7/12 Extract now appears. Person has also filed a court case which he lost . Has also filed an appeal which he lost. Please Advise.



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 6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     24 July 2012

Since he has tried his luck in the court and has lost, he is a tresspasser - initiate necessary criminal proceedings against him, also file a suit for recovery of possession.

1 Like

(Guest)

Dear Mr. Prasad,

Bharat has rightly adviced to file criminal proceedings. "Pls explain this sale deed which is registered and notarise". Since when your father is not in possession thats important. If 12 Years have lapsed, then suit of possession could not be filed. In such event you can file suit for declaration as a tresspasser.

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Prasad (Student)     24 July 2012

Thankyou for replying,

                            I will follow your advice and I will file a suit for decleration as a tresspasser. Also are there any fast track court that i could approach since it has been already 20 years that we have been fighting for this property. There are the relatives who are filing an appeal taking turns. Two of them had already lost the appeal, But there still three of them remaining. Is there a way to get out of this spiral. The sale deed was made in 1990 between the owner and my father on 3 stamp papers totalling upto Rs525.  


(Guest)

No !! Civil proceedings doesn't have fast track courts. Basically depends upon how we proceed in the matter. Make sure on every date which ever is fixed for the matter, action is taking and things on that day without delay.

Prasad, you didnt explain me "Pls explain this sale deed which is registered and notarise". Is the sale-deed notarized or is it registered in the Sub-Registrar of Assurances? There is difference between the two.

1 Like

K.K.Ganguly (Advocate)     24 July 2012

Ld. Experts have rightly suggested above. I want to add that if he has taken possession of the land before 12 years with the knowledge of the owners, it may be traeted as 'adverse possession 'now.

Prasad (Student)     24 July 2012

Thankyou for Replying again,

                  To answer your questions the sale deed has been registered in the JOint Sub Registrar's Office since I can see the seals in between them pages. Mr Ganguly Sir to answer your question it has been only two days that they have taken possession forcefully.

 

Thank you.


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