Legal Question in Real Estate Law in India

Re: illegal occupancy

What is the query?

If you want to get your possession restored, approach the Court.

Re: illegal occupancy

you may file a suit for possession in case the family settlement is duly registered and in case it is not, you may file a suit for partition and possession of the house.

Re: illegal occupancy

You may need to go and occupy the property either by living there or by renting it out. If the family of your father's elder brother refuses to vacate or accommodate you, a complaint of tresspass may be made to the local police.

Ordinarily, a civil suit for partition and possession and considered appropriate remedy but that take very long; moreover, once partition had taken place by mutual agreement, a case of tresspass may be a better and more effective remedy.

In any case, you may need to engage a local lawyer for pursuing appropriate remedies.

Re: illegal occupancy

In your case, physical partition(by metes and bounds) have already taken place. Your remedies are two folds. One - Civil, suit for possession with damages for using your portion. The other criminal - that your portion has been tresspassed into for which you may register a FIR with the police or if for any reason the police does not register then file a private complaint with the magistrate.

Vishwa Arya