• Regarding property dispute

I am having a joint unpartationed land (on myself and my mother's name) with my paternal uncle which is a agricultural land on papers but after my father's death in 2014 my uncle who himself is a patwari had covered the valuable portion of land forcefully and had done construction on it which also had covered some portion of our share in land also. So, my question is how could i get my full share in this land back legally ?Can i file a case on him for property fraud, will that help.
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

File suit for partition for division of property by metes and bounds 

 

2) seek injunction restraining sale of property by your uncle and to demolish unauthorised construction done on your share of land 

Ajay Sethi
Advocate, Mumbai
99868 Answers
8149 Consultations

Court can direct demolition done on your share of land 

Ajay Sethi
Advocate, Mumbai
99868 Answers
8149 Consultations

1. Start with filing a "Partition Suit" in the local Civil Court, supported with all available documentary evidences and witnesses.

2. Filing a property fraud case is a criminal case and you will not benefit anything out it in future.

3. After Partition order, whatever is on your portion of the land would be demolished or you may try to settle the matter amicably with Uncle.

4. You can make a written complaint against the Patwari Uncle, to the district collector's office, for investigation and consequent proper prosecution  for corruption and manipulating land records and usurping land. You will need to followup on this one.  After this Uncle may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

See.youncan file a partition suit to.divide the property of.equal value equally and demarcate the property.

Also if uncle has misused his powers and converted property or.changed government records a FIR against him can be filed. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See court shall equally divide in case uncle has take more value share then yes.court may give you share of the house.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file for partition in the court and claim your share in construction as well.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Have to file partition suit - partition on meets and bound basis and recovery of encroached portion of land. Court will order destruction on your land. 

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

You can file a partition suit against your uncle seeking proper partition of jointly held property with metes and bounds and good and bad soil  and separate possession. 

Until the partition suit is not decided in your favor,  it may not be possible to have a clear demarcation of your property. 

T Kalaiselvan
Advocate, Vellore
90070 Answers
2500 Consultations

Yes,  you can seek demolition of the structure falling in your portion of property,  let the court decide after hearing both the sides. 

T Kalaiselvan
Advocate, Vellore
90070 Answers
2500 Consultations

You can take both action by filing suit as well as FOR with Police on this case

Prashant Nayak
Advocate, Mumbai
34582 Answers
249 Consultations

You should file partition suit against him by metes and bound of property by this suit the property will be divided according to value of property 

Yes court can order demolision order or can order him to pay you the compensation according to value of land. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

you can file a suit for declaration and possession and you can also seek damages for illegal occupation or if the land is being grabbed then you can approach land grabbing tribunal for immediate relief. 

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

only court have power to. issue demolition order after hearing both party statement

 

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

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