quesCorrective steps to be taken regarding the property.

My father is residing at land since last forty years the said land belong to huf. The member of the huf who permitted to stay him on that land is deceased before 15 years there was some cash transactions between my father and the deceased member which can not be proved now meanwhile other members never objected on my possession at present the other member have sold that land to a contractor for development without being considering our interest the transaction is been completed my father was not informed and intimated later on the contractor started to remove our house stating that the said house is illegal encroachment in his property kindly let me know what further step can be taken to retain our possession?

  • ansWhat is the nature of transaction that happened between the member of HUF and your father which you have mentioned as 'cash transaction?' Was a deed written subsequent to the transaction? Without perusing any documentary evidence in relation to this transaction it is impossible to apply legal mind. If the property is HUF in nature then your father has an inherent right to stay therein, subject to only the transaction between your father and concerned member of HUF. Nobody can usurp his possession. You should personally talk to a lawyer and give him full particulars of the transaction between your father and HUF member along with the documents so that he may apply his legal mind.

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