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Legal action against a person who tried to stop house construction
03-Sep-2023 (In Property Law)
Hi Sir/Madam, 35 years back, the Government had assigned some land to my Grand Father and it is not Patrimony and later 5 years(30 years back) my Grand Father had given some land to his Son-In-Law (To my father) as Gifted but there is no any document evidence for which Gifted to my father. My father was constructed a House and we were living in same house since 30 years and paying House tax & water tax since 30 years. Now in same old house place my father is constructing a new house but my Grand Father's Brother's son is trying to stop my house construction. In this situation, what are the legal actions can take on him. 1. Is it possible to take any legal action on him? 2. If Yes, Please let me know what are the legal actions can take on him and on which sections? 3. What is process, if I want to complaint on him at near Police station? Please suggest to me what should do.
: Firstly, it is very important to have evidence of legal title to the property but in your case you don’t have any gift deed executed in your father’s name. The only legal action you can take against your grandfather’s brother’s son is to file a civil suit for injunction but it is to be noted that he will surely challenge your title to the said property and the burden of proof would be upon you to prove your legal title to the property.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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