What can I do if my land is occupied by some one?

My uncle requested us to allow him to use my store room, we gave the duplicate key to him in 1984 and since then he has just used it as a store room along with us.We are the legal owners and pay all taxes from 1984 to today. He never paid any rent based on a humanitarian basis we allowed him. Uncle expired in 2000 and later his wife(my aunt) used it as a store room along with us. No one resided there. In 2020 covid time aunt did some cleaning and kept some old clothes/vessels for the first time. We thought maybe she did it in a good way but she never resided there that store room is not in a condition to live in also as it is 80yrs old which is about to fall. She was on good terms with us but in Feb 2023 we asked her to vacate but she refused. We filed a complaint with local police but they raised NCR(non-cognizable) during enquiry aunt for the first time showed an unregistered sale agreement of the year 1995. Police said it civil but its illegal trespass Can we file FIR in this case?

3 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 01 Nov 2024

Speak with an attorney and get legal counsel. They can advise you on how to defend your rights through the legal system. Bring a complaint against the person who occupied your property by force to the local police station. A case for unauthorized construction and trespassing may also be brought before the court.

Ayantika Mondal
Advocate Ayantika Mondal Answered: 01 Nov 2024

Consult with a lawyer and seek legal advice. They can guide you on how to take legal action to protect your rights. File a complaint with the local police station against the person who forcibly occupied your land. You can also file a case in the court for trespassing and illegal construction.

Admin
Advocate By LEAD INDIA Answered: 29 Jan 2024

The remedy in this case for you is filing an Eviction suit before the civil court and criminal case for property trespass in the criminal court. To put the necessary amount of pressure , both cases ought to be filed at the same time. But before that issue a legal notice to your aunty to vacate the property.For further legal assistance contact us on our helpline number.

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