• Forcibly occupied house

Sir,
My father had bought a land and got registered it in his name and one of my uncle name and build a house G +1  house with the municipal persmission some 40 years ago. 
We left that house and settled in other states some 20 years back.Now recently we went to our house we saw that they had occupy our portion and also build some 2 more floors without our persmission .

Now when we asked they are attacking us.

Now what shall we do
Asked 2 years ago in Property Law from Howrah, West Bengal
ask for your share,or give them legal notice and initiate legal proceeding against him.or try to sell 50% of your share to some body else,there are lots of people who are interested in disputed properties .
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
your father is 50%owner of residential plot . if your uncle has constructed 2 additional floors and occupied your portion also issue legal notice to  your uncle to vacate your portion . also file suit for partition of property . if you are physically assaulted lodge police complaint against your uncle and his family members
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
Do you have the property documents which can prove your father's 50% ownership? If yes, then send a legal notice to your uncle and file a suit  against against your uncle for partition of the property? If you don't have the papers of that property or if it is with your uncle, get a copy of it through registrar office.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
Hi, you have to file suit for deceleration  and possession of the property to get back the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Your father is the joint owner of this property as it has been registered jointly in his and his brother's name. As a joint owner your father cannot be deprived of his share in the house. The legal remedy lies in moving a court of law and filing a case for recovery of possession of his portion in the house against your father's brother.

If they attack you in any manner then file a police complaint for criminal intimidation and assault.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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