• Property dispute

Dear Sir/Ma’am,

My mother has a property in Lucknow, which has been bought in 1991.

In the year 2006 it has been illegally acquired by some unknown person, later got to know the entire details of the other party.We have also registered a case under Civil Judge South-Junior Division in lucknow in the very same year (2006).

Now the person who acquired the land has constructed an entire house on that property and not him but some other party is living into that house from 2009-2010. Also as per my knowledge the electricity bill and other bills are also been coming on the name of the other party’s name.

We have been present in the court for couple of dates in the court and the opposite party never came and neither they received the court notice.Because of my mother illness and my Education nobody went for the case dates in the court from past 2-3 years.And since I am graduate now and also working, I can handle the case and ready to attend all the dates.So I want to revive my case with strong will of mine.

What could be our rights and what kind of further legal and “strong actions” we can take against them?
Asked 2 years ago in Property Law from New Delhi, Delhi
1) was sale deed wherein your mother purchased property duly stamped and registered? 


2) if in 2006 some one had encroached on your land did you file police complaint ? 

3) what is nature of case filed by you in 2006 ? what are reliefs claimed ? 

4) when construction was being carried out on your land did you  move court for an injunction restraining further construction ? 

5)if Op did not turn up in court did you apply for exparte decree? 

6) what is present status of case ?
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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You could also file a criminal case.  that ways you could get them penalised and it would mount pressure on them too.
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
file a criminal case againts them at the same time also initiate proceedings in civil court
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
after september 2011 judgement of Supreme court by Justice Dalvair Bhandari,in Mukesh Kumar Vs State of Haryana ,the court does not see adverse possession as a right
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
it is surprising that when opposite party did not appear nor file his appearance your lawyer did not press for exparte reliefs . you could easily have got stay on further construction if opposite party did not  appear . since no written statement has been filed by OP till date your lawyer can obtain exparte decree 

if you are not happy with your lawyer you can engage another advocate if you so desire
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
check latest position in your case . obtain copy of roznama (it is record of what happened on various dates) . contact another lawyer with your case papers . take his opinion and proceed  accordingly
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
yes both have to be made parties to the suit
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
cause of action is in your favour
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
without going through the suit filed by you , documents in your possession it would not be prudent to  advise . it appears you have strong case on merits
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0

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