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Author Topic: Illegal occupied property at native place by Elder Uncle  (Read 279 times)

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Offline ashutosh147

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Illegal occupied property at native place by Elder Uncle
« on: October 25, 2016, 03:56:34 AM »
My father is now 67+ years old, he had built a house, 20+ years ago with consultation by my grandfather and his 2 brothers, in our native place in Madhya Pradesh, on a land which was purchased by grandfather.
One home consisting of hall bedroom kitchen was already built there, where his elder brother [a retired police officer, 10+ yrs ago] and his family used to stay.

Almost 20 years ago, 2 similar houses were constructed comprising of Hall, Bedroom, Kitchen adjoining each other with a common terrace, on the remaining portion of the land, which was mutually decided to be divided between my father, younger uncle and elder uncle.

Grandfather had agreed that each of his 3 sons will get a Hall, Bedroom, Kitchen and will stay happily next to each other, but has not made any Will regarding it and passed away 4 years after the new 6 blocks were constructed.

My father and younger uncle had come to Mumbai and settled here 35 years ago.

My elder uncle and his family used to stay in native and were taking care of our house, had rented 1 block it in between with our consent and were using one block (Bedroom, Hall, Kitchen), for keeping his extra furniture, to which we had no problem, whenever we used to visit during summer vacations, we used to live like a big happy family.

Some years later, he started behaving weirdly, after his son got married. he wanted to take all the 6 rooms plus his own 3 rooms as his son's family was expanding and requested us to sell it to him. we said give us a fair deal and we will oblige but he wanted it to purchase it cheap, to which, we denied.

He shifted with his and sons family, in one of the newly constructed block [BHK] with his family, he removed the tenants and started to occupy the other block also. And was now occupying all the 9 rooms. when my father visited the place, he objected to this illegal occupancy by his Own elder brother and asked him to vacate it Immediately.

He began to threaten us that it his own house now as  my father and younger uncle were not staying there. Elder uncle's son who has studied Law, threatened us  as well, with dire consequences under IPC.
 
We also got to know that elder uncle has given one of the new blocks [BHK] as 'Gift' ["Daan"](in which he shifted) with false documents to the court.

After lot of discussion with family members, we filed a case against them over this false deed. And won this in the District court, where the court issued orders to nullify the 'Gift Deed' and hand over the keys to us.

Meanwhile Elder uncle had a fight with his own family as he lost this case and his son left the home to stay separate, my dad could made an entry in his own Block [BHK] and the remaining 2 were still occupied by elder uncle.

He has locked it with his own keys, and has kept all his junk items. He doesn't us allow to enter and threatens with consequences of robbery and trespassing.

We need to sell off the portion which belongs to us and younger uncle, but unable to do so as elder Uncle is occupying it. He is 70+ & living alone, and since he was from police department, all our complaints to the police are not heard off. and the police also is not willing to help, saying it is a family dispute, we cannot do much here. He keeps on harassing my father, who is staying there, to show his presence and claim on the Blocks.

And since there was no stamp duty and registration done for the 2 new constructed blocks [BHK's]. We are not sure how to occupy the blocks which are rightfully ours.

Please help.

Offline syedaltaf321

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Re: Illegal occupied property at native place by Elder Uncle
« Reply #1 on: October 25, 2016, 06:47:35 AM »
Hi,

I also have a similar issue of illegal occupation.  As such, can anyone advise how to make the posting on this website?

Thanks,

Syed

 

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