Legal Question in Real Estate Law in India

Hi

I live abroad for many years but have a piece of land in Palampur (H.P) legally divided with my brother. I recently went to Palampur after many years and noticed that he has build a house my land without my permission in 2001 and renting out to someone. The land is still in my name and I have the documents. Please advice me my rights and what can be done to re-possess my land. With regards


Asked on 4/29/11, 3:26 am

2 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

You have both the remedies available to you under the law. You can file a criminal as well as civil case against him .

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Answered on 4/29/11, 3:46 am
Vishwa Arya Arya & Co.

You have several options. One - you may file a suit for possession, mandatory injunction (to demolish the house to bring it back to plot) and thirdly for mesne profits (damages in lieu of rent). These three relief will be in one civil suit which will be subject to court fee on the value of the plot.

Your second option is to talk to your brother and see how best you may settle the matter.

Thirdly, you may also file a criminal complaint with the police for brother having cheated upon you.

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Answered on 4/29/11, 5:41 am


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