• Land is occupied

Hello,
My land was occupied by my relatives and created document(enjoyment letter from MRO) of their own and started constructing a house on it, My father was passed away 4  years back and he did not give them any written or legal document stating that he is giving them the land even I or my mother did not give them any written statement of giving them the land.The land is not a registered land even we have got the enjoyment letter from MRO( mandal revenue office which means tahasildhar)

Now me and my mother would like to file a case in court against them stating that they occupied our land and created documents on their own illegally without any proper written statement from my parents or me stating that the land is given to them.

Please help me what action can I take and how would we reach to court to stop them constructing a house on that land and take that land back.
Thank you
Asked 7 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) issue legal notice to relative to vacate your land and to demolish illegal construction made 


2) if he refuses to vacate file declaratory suit that you are absolute owner of land and for eviction of trespasser 

3) also file police complaint of cheating , forgery , fabrication of documents against relative 

Ajay Sethi
Advocate, Mumbai
24772 Answers
1328 Consultations
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You have to file a suit for declaration of title of the property on the basis of possession and enjoyment of the same with your deceased father as his legal heirs.
In that same suit you can seek ejection of those people who have illegally occupied the property  without any manner of rights or interests in it and possession.
You may file another application under order 39 rule  1 and 2 seeking injunction restraining them from alienating or creating further encumbrance on the property.
Consult  an experienced advocate in local and discuss about the issue and further course of legal action on this in detail.  
T Kalaiselvan
Advocate, Vellore
15314 Answers
139 Consultations
5.0 on 5.0
Please help me what action can I take and how would we reach to court to stop them constructing a house on that land and take that land back.

Besides the declaration suit, you may also seek the relief of permanent injunction against them restraining them putting up any structure in the vacant land belonging to you and also to stay all the construction work which is going on.  An application on the same line may be filed seeking temporary injunction to restrain them from going ahead with the construction till the disposal of the main suit. 
T Kalaiselvan
Advocate, Vellore
15314 Answers
139 Consultations
5.0 on 5.0
The remedy for you is to file a civil suit for recovery of possession and a criminal prosecution for house trespass and forgery. This apart, also seek injunction from the court to prevent them from making any construction on the land.
Ashish Davessar
Advocate, Jaipur
18862 Answers
472 Consultations
5.0 on 5.0

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