Legal Question in Real Estate Law in India

We own a jointly owned property in a three tier city of India(in the state of Maharashtra).

One third of the property ----a large piece of Commercial/industrial property is situated in the heart of the city and it's value is in several crores of Rupees—about Rs. 75 crores . The total area of land is 150,000 sq feet. In a part of that land was situated an SSI unit for last 35 years/ they had barely 30,000 sq. ft of land as leased premise to run their SSI, but over period of time they have illegally occupied 25000 sq ft of extra land through encroachment and now are squatting on that land. Their objective is this : that they get PAGDI from us the owners when we try to sell to buyers. The encroachers multi-millionaires. Also it appears they have filed a case in the court citing reasons that whole 55,000 sq ft of land was leased out to them ( I do not know w hat they are relying on tpo prove that)/ Thus buy instituting a case, their objective is to prevent the owners ( us) from filing an FIR, since they will reply to police " the case is sub-judice".

The irony of the matter is one of the owner's my father, who left the land for his widow and his children , us, WAS A FREEDOM FIGHTER! He has Sanman Patra awarded for his services to the nation--- he fought for India's freedom and today his land-- is being encroached! Oh what a tragedy! :(

what should the widow and children do in order to get justice? Should we just go to the public and get them involved? Let them know what is happening in their town?

Should we go to the press? The encroachers ----a Parsi family----are very very rich and extremely powerful and have connections with powerful people. They tell us the owners “ you cannot get a pias out of the land without us.. what can you do! They (the encroaching parsi family) want the LION’S SHARE from the sale of the land and only then they say they will vacate the land. They mock us “As long as we are sitting here , who will buy your land?”

Pls help the family of the victimized freedom fighter's family get justice pls..... Thank you

Asked on 5/05/13, 9:03 pm

2 Answers from Attorneys

dear client...

I shall help you in regards ... but shall need to examin the full case minuitely so that I am aware of whole matter... kindly contact me at [email protected]

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Answered on 5/05/13, 11:21 pm

Shrichand Nahar S.V.Nahar, Advocate

Too long query. Please consult your lawyer for proper advice.

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Answered on 5/06/13, 11:09 pm

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