• What corrective steps to take

My father is residing at land since last fourty years the said land belong to huf. the member of the huf who permitted to stay him on that land is deceased before 15 years there was some cash transactions between my father and the deceased member which can not be proved now
meanwhile other members never objected on my possession at presennt the other member have sold that land to a contractor for development
without being considering our interest the transaction is been completed my father was not informed and intimated 
later on the contractor started to remove our house stating that the said house is illegal enchroachment in his property 
kindly let me know what further step can be taken to retain our possession
Asked 2 years ago in Property Law from Uran, Maharashtra
contact a local lawyer . you cannot be evicted without following due process of law . problem is you are not a tenant . you have not paid any rents . you have no evidence of cash transactions . suit for eviction will take time. settle with developer
Ajay Sethi
Advocate, Mumbai
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What is the nature of transaction that happened between the member of HUF and your father which you have mentioned as 'cash transaction'? Was a deed written subsequent to the transaction? Without perusing any documentary evidence in relation to this transaction it is impossible to apply legal mind. 

If the property is HUF in nature then your father has an inherent right to stay therein, subject to only the transaction between your father and concerned member of HUF. Nobody can usurp his possession. 

You should personally talk to a lawyer and give him full particulars of the transaction between your father and HUF member along with the documents so that he may apply his legal mind.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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