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sagar   12 April 2021

Illegally encroached

My grandfather had 6.5cents of land and his brother has 3.5cents of land. My grandfather's brother has illegaly encroached 6.5cents of land from my grandfather and built a house in 10cents(around 40 years ago). My grandfather is illiterate. My grandfather had asked his brother whether he has taken any piece of his land, for that my grandfather's brother has denied. After the death of my grandfather in 2003, my father came to know that 6.5cents of land is in his name. Now my father has the document, patta and been paying tax from 2003. But my grandfather's brother is claiming ownership. No one is living in the house for past 15+ years. Now my father want to build a home in that property. Please help how to proceed legally.


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 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     12 April 2021

Hello,

You have the title of the property however you don't have possession of the property therefore you have to approach the civil court for getting the possession of the property. 

1 Like

sagar   12 April 2021

Can my grandfather's brother claim ownership if he make a plea of adverse possession in civil court?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     12 April 2021

1. Legally plea of "Adverse Possession" can be claimed.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

1 Like

Sankaranarayanan (Advocate)     12 April 2021

You can file a Civil suit 

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