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.
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 2 years ago in Property Law
Religion: Hindu
14 Answers
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 ac
Asked 2 years ago
An eviction suit must be filed against him.
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.
Act as mentioned herein above
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.
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.
You should contact some local advocate to gain more perspective about this case regarding the local laws as well.
If he had voluntary given the same it will be difficult to bring it under preview of land grabbing Act
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.
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
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.
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.
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.
- 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 .
