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What to do when father's cousin forcefully acquire father's property
05-Jul-2023 (In Property Law)
My grandfather and his 2 brothers buy a land and distubuted among them. After my grandfather expire the grandfather portion transfer the land to my father and my uncle's name. but my father's land acquire by father's cousin forcefully and now he make a boundary of brick including our portion of property. so in that case what will you suggest. thanks in advance for the precious suggestion.
File a title suit for your father's share with stay application under order 37rule 9 for illegal construction and also file a suit for illegal encroachment of the property against the defendants and serve copy of stay order to local Police station for actions to be taken.
Helpful?
Adv. Sunderjit Nanua
Kolkata | 25+ Answers
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File a civil suit for declaration of ownership along with injunction restraining your cousin's and his men from carrying out with any development or construction work in your property. You will instantly get relief by way of interim injunction during the pendency of the suit, provided you satisfy the Court of your legal rights on the property.
Simultaneously you can lodge a complaint with the local police against your brother for trespassing in your property. If the police do not act, or don't take your complaint, then you can approach the SP of your district with a written representation or may even file a petition before the CJM to take cognizance of the offence and initiate a criminal proceedings against your cousin and his men. As for now, you need to approach an attorney practicing within the jurisdiction of the local courts for both the civil and criminal. If you need any further assistance you may contact me for guidance.
Disclaimer: The content of this article is intended to provide a general guide to the subject matter.
Simultaneously you can lodge a complaint with the local police against your brother for trespassing in your property. If the police do not act, or don't take your complaint, then you can approach the SP of your district with a written representation or may even file a petition before the CJM to take cognizance of the offence and initiate a criminal proceedings against your cousin and his men. As for now, you need to approach an attorney practicing within the jurisdiction of the local courts for both the civil and criminal. If you need any further assistance you may contact me for guidance.
Disclaimer: The content of this article is intended to provide a general guide to the subject matter.
Helpful?
Adv. Robert D Rozario
Mumbai | 100+ Answers
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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.
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