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Legal remedy in case a portion of land has been illegally occupied
22-Oct-2023 (In Property Law)
Hi Team, We have property at home town worth 1 Crore in Kavali, Nellore District. We are planning to live shift to Hyderabad. How to protect our being occupied when we are not at home. Already front side was occupied by land grabber and we are facing case in local court. As he claimed he is tanaunt. And I am private employee and dialysis patient, my wife left and their family demands money and property For her second Marriage/husband. As we are not physically strong to opposing anybody want legal advice thank you.
A police complaint should be made as soon as possible. Under the Indian Penal Code, 1860, any unlawful entry into property in the possession of another with an intent to insult, annoy or intimidate another person is a criminal offence (Section 441). In such suit, you should also ask for a declaration that the property belongs to your father and not any other person. The reason for this suggestion is that the land mafia then cannot legally transfer the property without your rights being considered. Also, it may be helpful to file a caveat in the court i.e. a document that requires the court to give you a notice in case there is any suit filed in relation to this property so that if any person tries to deal with the land and there is any kind of litigation, you can join in and agitate your rights.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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