• Land grabbing act

About 40 years ago My father gave our 20 wigas land to distant cousin to help him because he was in very poor condition He did give this land to farm and house to live while we live in Zimbabwe, about four five ago we asked his cousin passion of land and he denied. he said he wants to buy at his price which was lot below Marcket price. We were not agree he said I will not give passion if you sell to some else.
 What are chance to get passion through Gujarat land grabbing act
Asked 1 month ago in Property Law
Religion: Hindu

13 answers received in 1 day.

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14 Answers

The land belongs to you. Your father's cousin cannot encroach upon the land and claim ownership. Send him a legal notice and if he doesn't respond and vacate the property then file an eviction suit.

Rahul Mishra
Advocate, Lucknow
13335 Answers
49 Consultations

5.0 on 5.0

An eviction suit must be filed against him.

Rahul Mishra
Advocate, Lucknow
13335 Answers
49 Consultations

5.0 on 5.0

You can file case against your cousin under land grabbing act 

 

It would amount to land grabbing 

 

 

 

 

 

Section-2(e) of the Act defines land grabbing as an activity performed by the land grabbers as an attempt to occupy any land with or without the use of force, threat, intimidation and deceit, over which they don’t have ownership, title, or physical possession

 

 

 

 

 

2) Actions in violation of these provisions shall invite imprisonment for not less than ten years. This period of punishment may extend up to fourteen years.   

Ajay Sethi
Advocate, Mumbai
85548 Answers
5730 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
85548 Answers
5730 Consultations

5.0 on 5.0

If on mutation papers of agricultural land owner and cultivator name is to yours then he can't claim or force you to claim the land.

 

But in cultivator column has his name on mutation papers then he has rights for giving reason of income to earn for family bread and butter. And keep land under his possession. That's why he is quoting very less price.

As per adverse possessions act of CPC comes in picture.

 

For more clear advise need to check property papers and history.

Ganesh Kadam
Advocate, Pune
12219 Answers
167 Consultations

4.9 on 5.0

Relatives cannot claim the property due to adverse possession.

You can approach civil court and can file suit for possession against said relative to take the possession of your land, after which you would beat free to sell it to any person you please at the market price.

Siddharth Jain
Advocate, New Delhi
5863 Answers
89 Consultations

5.0 on 5.0

You should contact some local advocate to gain more perspective about this case regarding the local laws as well.

Siddharth Jain
Advocate, New Delhi
5863 Answers
89 Consultations

5.0 on 5.0

If he had voluntary given the same it will be difficult to bring it under preview of land grabbing Act

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

You may have to file a suit for ejectment  and possession of the property from him on the basis of the documentary evidences in your possession. 

If he is not a tenant or has not been paying any rent then you can eject him from the property through due process of law. 

Before that you can even lodge a criminal complaint against him with the local police. 

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

You may have to file a suit for ejectment  and possession of the property from him on the basis of the documentary evidences in your possession. 

If he is not a tenant or has not been paying any rent then you can eject him from the property through due process of law. 

Before that you can even lodge a criminal complaint against him with the l

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

Dear client, 

Since the land legally belongs to your father, his cousin cannot forcefully keep it and claim that he wants to buy it. If no contract has been made between your father and his cousin for possession of the land then the possession can be reclaimed by your father. Your father's cousin cannot force you to sell the land. You can file a legal notice to get the possession back. 

Thank you. 

Anik Miu
Advocate, Bangalore
3311 Answers
34 Consultations

4.9 on 5.0

1. Your case is different. He has not grabbed your land but was allowed to stay put in your land with the consent of your father.

 

2. He can claim adverse possession of the said property which is in his possession.

 

3. It will be prudent on your part to settle the matter amicably.

Krishna Kishore Ganguly
Advocate, Kolkata
26290 Answers
726 Consultations

5.0 on 5.0

Alternatively you can sell the said land to a buyer having influence in your area who will arrange to evict the said person which you wont be able to do ordinarily.

Krishna Kishore Ganguly
Advocate, Kolkata
26290 Answers
726 Consultations

5.0 on 5.0

- Being the legal heirs of your father , you have right over that property , if said property was just given for temporary enjoyment to him and without executing any documents. 

- Further, being the legal owner of the property , you have right to sell the same to anyone without getting his consent .

- Further, if he is creating any trouble for leaving the property , then you can file a complaint against him for the offence of trespassing in the property . 

- Further, you can also file  Mandatory injunction suit against him before the court for getting evicted him from the said property . 

Mohammed Shahzad
Advocate, Delhi
8793 Answers
94 Consultations

5.0 on 5.0

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