Legal Question in Real Estate Law in India

illegal possession

My father purchased a land ( around 2320Sqt) in 1981 from a person who has got power of authority to sell his mother's peoperty. The seller is no more now. We have observed that his 3 sons has sold around 1500 sqft to other person in 1995, when we recently applied for Encumberance certificate. When visited the land, it is being occupied by someone else illegally. The current EC shows my father transaction in 1981 for 2320 sqt of land, whereas in 1995 it displays someone else name for 1500 Sqft land bought from his 3 sons.

What we can do now? If we go to court, what will happen and what are all the documents they ask for? Please suggest.


Asked on 3/07/09, 11:22 am

3 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: illegal possession

Consult your local lawyer alongwith all details.

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Answered on 3/13/09, 6:57 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: illegal possession

You may consider engaging a local lawyer for filing a civil suit in the trial court for the necessary relief.

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Answered on 3/07/09, 3:36 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: illegal possession

Approach court.

Consult your lawyer for nature of suit as per the evidence.

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Answered on 3/08/09, 12:26 am


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