Father running business on land in uncle's name can he claim the land

804 votes

In these types of case, it is important to see the relevant documents to advise properly. the civil matter are based on documents, available with you. however, since you were running the industry from last 40 years, you have prima facei case and all the more chances to get favorable order once approached to any court of law. But, before someone else proceed for eviction you should step ahead and safeguard your interest to avoid any untoward incident.

Advocate Om Shanker Shrivastava LawRato

678 votes

The answer to your question depends upon condition of lease. We will have to ascertain as to whom the lease was granted and for what purpose then only your query can be answered. The real nature of the lease will an answer of your question and further I want to know that by rlwhich mode your grandfather has transfered the lease on your uncles name.

Advocate Sameer Kumar Shrivastava LawRato

639 votes

Question: Dear sir, My father operates a small scale manufacturing unit and has been operating it for the past 40 years. The leased land in an industrial area was taken by my father's father and put in my uncle's name. Now after the demise of my grandfather, my uncle claims for my father to leave the land and he wants to place it on rent. What can my father do immediately to stop the renting and what are his options in the long run?

opinion:

Your father should get his share in the leased land allotted to father declared in his name and mutation in DIC by filing a civil suit in the civil court. Till such share is determined by the court, the court will grant stay on any interference by third party in the leased land/factory. We handle such type of cases.

Thanks
Raghvendra Singh Raghuvanshi
Advocate-High Court of MP-Indore

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