the burden of proof is upon uncle to prove that land was sold to them
2) file eviction suit against uncles
3) dont transfer any land in uncles name
Hello Experts, My father has a piece of Ancestral agriculture land (3.5 Acres) in Mahem Haryana. My father was the only person who was dealing with co-villagers regarding this land as we were not using the land on our own and we are based in Delhi since 1990. After death of my father in 2013, I approached the local tehsil to transfer the ancestral land to my name. Finally the transfer has been done and the property now is on the name of me and my brother (my sisters and mother has willingly transfer their portion to us). But when I reached to my village to see exactly where is my land, family of my uncles told me that my father has sold the land to them in 1998 for Rs. 3 Lacs. Then I asked for the documentation of the same but they refused to, as they don't have anything written or signed by my father. After continue negotiations they asked me to transfer half of the land to them, and agreed to allowed me to occupy half of the land. But after few months they again denied to give any occupation to me. Is there a legal way to get my property back from my uncles? Please help me out and suggest.
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the burden of proof is upon uncle to prove that land was sold to them
2) file eviction suit against uncles
3) dont transfer any land in uncles name
Thanks for the advise. Can I file the eviction suit in district court instead of Tehsil?
eviction suit has to be filed in court having jurisdiction wherein property is situated
2) local lawyer can guide you in this regard
If you have the property title documents in your possession, you may confirm that on whose name the proerty stands.
If your father purchased the property by a registered sale deed, then the relatives who have occupied the property are unauthorised settlers.
You may file an ejection suit to eject them from the property and for possession,.
You may also file a criminal complaint for trespass offence
1. The claims of your uncles that they were sold the land by your father are belied by the offer they made to you. If they were indeed sold the land then they would not have offered you to transfer half the land to them.
2. IN these circumstances you can file a suit for recovery of possession of your land in the competent civil court. Furthermore, a criminal case for criminal trespass can also be filed against them.