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rakesh (manager)     19 March 2018

How can I evict long term trespassers On my land in Mumbai l

Hello sir/madam I have a piece of ancestral land in mumbai we were uprooted from Mumbai in 1960 On our land there are almost 20 temperory sheds industrial gala They are neither our tenant not ever paid any deposit or rent till today to us We want now to develop / sale our land so what legal remedy we have Can we evict those people lawfully ? They are neither our tenant not we issued them any receipt ever Regards Meena


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 6 Replies

Vijay Raj Mahajan (Advocate)     19 March 2018

Maybe they were not your tenants, they may be holding Ration card, Election ID card, and even Aadahar card to prove their place of residence along with place of work, for which they may have registered their commercial venture with Sale tax or now GST, and other government departments. In court they will produce all evidence to show using the place for work and even stay from 1960 onwards and by virtue of adverse possession are now owners of the land. You let them stay there for last 56 years now claim it as your land, onus will shift on you to prove and satisfy the court your lawful ownership.

T.SRINIVASULU   19 March 2018

U can file Suit for declaration of title & Recovery of possession

SHIRISH PAWAR, 7738990900 (Advocate)     20 March 2018

You have to file civil suit as suggested above. You can contact me for filing the civil suit. 

rakesh (manager)     23 March 2018

What remedies we have to evict those ppl as its not a lease not tenancy not any receipt issued As no written agreement is it a month to month tenancy ? And in this situation what she'd we do and how much time it will take in court today get these pop vacated we are paying our property taxes Regards Meenaraj

Vijay Raj Mahajan (Advocate)     24 March 2018

Filing civil suit for eviction will take you to a long journey of many years 10-15 even more to get these illegal occupant out and that too no guarantee it will happen in your favour. As I told you these occupants will press on the priniciple of adverse possession against you as they hold the land for 56 years, you were silent for so long this will be difficult for you to explain it to the court. 

There are other ways to settle this issue which I cannot discuss here in open forum. If you so desire to discuss the case in details with me you need to contact me for pre-paid legal consultancy.

vijaymahajan5758@gmail.com 

Suneet Gupta (www.vashiadvocates.com)     01 April 2018

Under the Limitation Act, adverse possession ofimmoveable property gives rise to title in the property in favour of the possessors. In your case, they have been on the land for ~50 years. If you have not taken any legal action against them till now, then they are effectively the owners of the land and you cannot file for recovery of possession or declaration of the property in your name.


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