87+ Lawyers are online 
illegal possesion of property by relative
05-Mar-2025 (In Property Law)
my father got 6 acre farm from his brothers will, after few month my father got paralysis attack, he orally given his lil brother our farm for farming purpose, now his brother saying he wont let us sell or enter farm because he has taaba on it. he has a condition that we have to transfer farm legally to him and he will buy us a house and keep remaining money himself. what to do with people like this? he is expert in fraud and lie, and false document creation.
Your younger uncle Is Licencee in this case and we have to issue him a legal notice followed by suit for possession & mesne profit or damages ! We need to evaluate the property documents including will! Kindly n in touch to understand the legalities n consultation expenses !
Thanks
Helpful?
Adv. D. Khan
Delhi | 1000+ Answers
Chat
In the present circumstances, it is evident that your father remains the absolute legal owner of the 6-acre farmland, having acquired it through a valid testamentary disposition (will). The alleged oral permission granted to his younger brother for agricultural purposes does not, in any manner, confer ownership rights or any legal interest in the said property. Any claim made by his brother asserting a “taaba” over the land is devoid of legal merit and constitutes an act of encroachment. Given the situation, it is advisable to initiate legal proceedings by serving a well-drafted legal notice demanding immediate cessation of unauthorized possession and interference. Subsequently, filing a suit for permanent and mandatory injunction before the appropriate civil court would safeguard your father’s ownership rights and restrain any further unlawful claims or attempts to alienate the property. Additionally, considering the brother’s alleged history of fraud and document manipulation, a criminal complaint for criminal trespass, cheating, and forgery under relevant sections of the Indian Penal Code may also be warranted. For a detailed and precise legal strategy, please share the exact and complete details of the matter.
Helpful?
Adv. Kriti Gupta
Delhi | 25+ Answers
CONTACT NOW
Immovable property can only be transferred through a written document that formally conveys the title to the purchaser. Based on your query, it seems that your uncle was granted the property solely for farming purposes, which, at best, constitutes a leave and license agreement. In this case, it would be advisable to consult a lawyer to initiate the process of evicting your uncle, as he is currently in illegal possession of the property. Please provide the relevant documents so that we can guide you on the best course of action.
Helpful?
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
- buying a flat in pune. dobt about ATS, conveyance deed, sale deed
- illigal encrochment in govt land dwarka sec 8
- How to clear title of ancestral property for sale?
- Owner name not exist in all the fards records as per registery doc.
- I have purchased a 4th floor with roof right and mummy a room and bath
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
