This is the case of gulbarga in karnataka. 15-20 years back my father bought a piece of land (30'*40')in gulbarga karnataka.even some of his colleagues also did the same thing. The owner of the land then, was operating a brick making mill on the said land. He promised to vacate the land as and when my father needed. So my father did not object to the operation of the brick kiln. Now, after 20 years, the person who had sold it has died and his son is refusing to vacate the land and in turn threatening us from going near our plot. He is refusing to give possession of the plot to all my father's colleagues who had bought plot along with my father.The plot has been registered in my father's name. We are even paying the tax for it. Kindly help us how can we get our plot?
Since this land is registered in your father's name, he's the absolute owner of the piece of land bought by him and has all the rights over the said land.
File a case of criminal trespass against the son of the brick kiln owner. You could also send him a legal notice to him to vacate his illegal possession over the said land.
issue legal notice to legal heir to vacate the plot
2) if he refuses file eviction suit against him
3) also file police complaint of criminal intimidation under section 506 of IPC
It is unconstitutional and unlawful occupy. You can issue eviction notice to the party to vacate the property. If he still do not vacate then you may approach court to eviction order against the occupant.
thanks,
adv.niranjan,
mob- .
Your father and his colleagues have given permissive possession in favour of previous land owner to operate the brick kiln and it has been 15-20 years since this permission was given.
Ideally your father and his colleagues must have taken back possession within 12 years, having failed to do so, the owner son has perfected his title over the land by way of Adverse possession, any attempt to dispossess him now by either your father or his colleagues will drive the owner son to a civil court and obtain an injunction order against all of them from trying to dispossess him, the son might even seek a declaration on the basis of Adverse Possession.
Your father and his colleagues need to call the owner son offer him money and look for some way other than court interference, this would be the best approach. You could involve some local MLA or MP and try and seek an amicable resolution to this problem.
Your father did a mistake of sleeping over the issue for all along 20 years after purchasing the property.
Whether the vendor was paying any rent for the property that was utilised by him after selling the same?
Whatever, you may file an ejection suit to remove him from the property which he is illegally occupying.
1) yes... They all collectively did not ask the owner son to vacate the land. Now since his father has died , he is refusing to part with the land and he has instead filed a case and obtained an injunction order against all of them. what do you suggest now ? 2) if i were to seek legal help in this case or that matter any case, how should i seek legal help? The lawyers in this online forum can only advice me and give answers to the questions i ask on line or over phone but how will i get all the services on the ground considering there is so much on ground work to do like gathering required proofs and documents? plz elaborate about the help u can render 3) in another unrelated case, i took help of local lawyers for fighting a case. i had to change 2 lawyers as they did not complete the case, where as they fleeced the full agreed fees from me. Now i am with a third lawyer, who has till now fleeced the full amount of agreed fees of Rs 20000. Now he says the case which was filed in 2015 has to be closed and it needs to be filed afresh and seeking an extra fees of Rs 10000. The lawyers keep demanding money on some or the other pretext and fleece more money than the agreed fee amount and dont even complete the case. How do i make lawyers keep their promise of fighting the case upon the agreed fees and also they complete the case ? plz help
1) file appeal against injunction order
2) you can contact lawyer from the website for appearing in court on your behalf
3) enter into written contract with lawyer regarding fees to be charged by them for attending your case