LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Plp (cl-1)     03 May 2012

Encroachment over ancestoral property

HI,

1. I am writing in concern with our ancestoral property ina village of dist hoshiarpur punjab. The ancestoral property was divided equally amongst my father and uncles in 1987. we thereafter moved to delhi with an intent to come back later in our old age. the other cosharers sold their shares in bits and pieces.one of the 3rd buyers of such portion of the land sold by co sharers started to assert his right on our share as well.

2. the entire land was divided amongst the cosharers based on a garelu takseem to which some cosharers didnot agree and contested but the same was declined by land records office. we did not visit the land for about 10-15 years.

3. now when we visited , the entire land is covered by constructed houses and the house owners say that it has been sold to them by that same 3rd buyer.

4. it has come to my knowledge that the 3rd buyer has even got their registries done using his local influence in the then village patwari office.

5. my querry is :-

     (a) according to the latest patwari reports ( fards) our share is NOT SOLD to anybody by anybody but on ground there is no open space left. those occupying the land are claiming to have registries and mutations in their names. so clearly sombody has forged documents, how can that be traced?

(b) in the meanwhile, how can the construction of houses be stayed till facts are ascertained

(c) how much would be the likely expenditure on a lawyer for such a case?



 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     03 May 2012

Dear Querist,

 

Since the land was not sold or purchased by anyone on record. Still since the land has been encroached. You can in the fitness of things ASAP :-

 

1. Sue for Recovery of Possession of your share of the property.

2. In the same suit seek injunction restraining the ongoing constructions until the dispute is settled with finality.

3. As regards the expense of the advocate - depends on the standing & legal acumen of your advocate. 

 

Feel free to talk !

Plp (cl-1)     04 May 2012

Thanks for your prompt reply. I would further want to querry that is it essential that all these proceedings be done in the local courts of the land district? since we are settled at delhi all together, can we follow up the case while being at delhi.

If otherwise, how do we locate a good lawyer of such matters in that area (mukerian , dist hoshiarpur)??
 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register