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Padmasri (IT)     26 October 2020

Sister obstructing for a construction in my own land

I am looking for some help and direction to proceed.

My father along with my mother settled in their hometown after many years of living out of the town/state. Kids are out of country from long time and do not have much familiarity in terms of legal process in India. My father has one elder brother and two sisters. My father was adopted by my grandfather’s brother when he was young and also separated out all the farm land etc with his biological father. My father’s little sister (she falls into physically handicapped category) lives in the same village and was seeing over our house construction along with her husband in the absence of my parents (as occasionally they had to go back to their then current home to wrap things). My aunt doesn’t own any land in that village and they were living in my dad’s elder brother’s house. After four years of living in that village, now my parents are trying to construct a store house attaching to the house and aunt is coming and obstructing the construction saying we owe her money. We made sure she didn’t spend any money during construction and She doesn’t have any proof that she spent money. Yet, since she is handicapped, she is taking advantage of that and stopping the construction in our land. Police tried to intervene along with other villagers, but she is adamant that we need to give money and a piece of land for all the effort she put in. What are the best approaches to proceed legally so we can continue our work without harassment from her and her husband. Even though we don’t owe any money whatsoever, with relatives, villagers and police acting as mediators, we agreed to give her 50,000 (Money to a sister from brother) but she is adamant and harassing my parents that they have to give a piece of land and 3 lakhs money. Any help on how we can proceed is really appreciated.



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 3 Replies

Suri.Sravan Kumar (senior)     27 October 2020

issue legal notice and file injunction suit

G.L.N. Prasad (Retired employee.)     27 October 2020

When there is no legal liability admitted, there is no question of any payment and she be allowed to follow the legal process and she is not expected to obstruct a lawful construction and trespass and make a nuisance.  As you are already in touch with Village elders and police settle the matter amicably.  Seek Police assistance and the police may file a bind over case.

P. Venu (Advocate)     27 October 2020

Your father needs to  get an injunction from the civil court. Prior legal notice is no a prerequisite, still such a notice could be helpful.


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