• Illegal occupancy of land

After my husband's death I and my three children become rightful owners.We decided to sell the land ,we found a Bayern he paid the deposit.when my husband brother found out that land is sold he is not happy and he and his son Illegal taken over my land and claim land belongs to them and file case in court.Land is on ours name all documents which proves that the land belongs to us.We are NRI so how you can help us in this case I make police complain and collector they do nothing and say they were unable to help us the matter is now with the court.how can we stop him from acting illegally.in court we get date by date.our land is Porbandar side.
Asked 5 months ago in Property Law from United Kingdom
Religion: Hindu
1) you have to file suit for eviction of trespassers

2) if you are absolute owner of land your BIL cannot claim any share in land 

3) please clarify whether any stay is granted by court in suit filed by BIL restraining sale  of land 

4) if no stay is granted you are at Liberty to sell the land and purchaser will step in your shoes and continue fighting the case
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
No you do not have any special courts for NRI 

However if you are senior citizen you can move HC for expediting hearing of your case 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Since the matter has already reached civil court you cannot do anything than to fight it out along with the court dates. 
What is the suit filed before court?
Who filed it?
When was it filed?
What is the status of the case?
If you find inordinate delay in the trial proceedings,l you my file a petition before high court seeking expeditious disposal of the case owing to the reason that you are a NRI and may not be able to remain here for long.
you can take advise of your advocate about filing this petition before high court.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
In Gujarat do you have special courts for NRIs civil cases liked in Punjab,punjab government set up.

There are no special courts to deal with the matters relating to NRI alone, at least not in Gujarat state. 
Though there is a proposal by the Punjab government to set up a separate court for NRI civil matters, it is not confirmed that whether the court has come to be established.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
1. What case your brother in law has filed against you? What are his prayers?

2. However, when he has approached the Court, the only option you have is to contest the case filed by you in the Court by appointing an able lawyer to defend you,

3. You can also authorise any of your relative bu giving him/her a Power of Attorney to represent you in the matter before the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. No. There is no special court for NRI at Gujrat,

2. Take immediate action and engage a lawyer to defend you before the Court against the case filed by your BIL.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. It seems that only bayana had been paid to you by the prospective buyer when your deceased husband's brother filed a suit for injunction in the court. Without perusal of the plaint filed by him and all the related documents it is not possible to advise. So you should contest the case fittingly in the court if your title is clear. 

2. Since there is no apparent breach of penal law police does not come into picture. Your remedy is only before the civil court.

3. Gujarat does not have special courts to deal with NRI cases unlike Punjab.

4. Consult a lawyer with the complete set of documents.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

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