Legal Question in Real Estate Law in India
land eviction problem
it is about my land occupied by a very famous oil company running petrol pump without a land lease,partnership deed and not even by a authorised peson since past 10 yrs. i've been writing to the company since past 10 yrs but nothing has been done. they are still supplying petroleum products to the outlet and harresing us. even though i've written to the territory manager, chairman & the D.M of the dist. i'm helpless. i don't have a father & my mother have been taking care of this matter coz i was studying.i want to know that the company is paying us Rs 100 for the last 41 yrs & the deed expired in 1991 then also the petrol pump is running & still they r paying the same amount & not even evacuated the land.is it possiblem that they pay us arrear rent since 1991 as Rs6000 & evacuate the land.i've not been reciving the Rs100 rent since 1 1/2 years. plzzzzzzzzzzzzzzzz help.
3 Answers from Attorneys
Re: land eviction problem
It is not clear from your query whether the deed which expired in 1991 was a registered Deed of Lease and much will depend upon the terms of said Deed of Lease, particularly renewal clause.
In any case, the legal remedy in the case like yours would be to file a suit for eviction and repossession in Civil Court having jurisdiction.
As per the newly amended Code of Civil Procedure you may hope to get the results within a year or two.
Re: land eviction problem
please approach the legal aid of your state with all the relevant papers.
Without verifying the documents it is difficult to answer. what are the documents available with you and check whether you have the following deeds and documents:
1. Original title deeds of the land
2. Tax paid receipts of the land
3. your father's death certificate
4. your Birth certificate
5. your father and mothers marriage certificate.
produce all the above documents to the legal aid board and they will help you.
You have to file a case in the Civil Court for eviction.
for filing the case all the above documents are necessary and if you do not have the above please obtain or approach the legal aid board of your state for further guidance.
thankyou
B.Balasubramanya.
Advocate.
Re: land eviction problem
Before an opinion is expressed one needs to look at the deed which expired in 1991. The arrears upto last three years can be recovered under the law unless for arrears prior to three years there is an acknowledgement. In case your mother has done any correspondence with the company, that is also required to be looked at before any strategy is formulated. have you, your mother or father ever issued any notice to the company for vacating the land?
warm regards,
bhushan arya