Question:
My grandfather sold my uncle’s due share in a compromise distribution of property 50 years ago. My father’s due share has been in usufruct for the last 50 years, and this usufructuary land is registered in the BS record in my father’s name. My uncle passed away soon after selling the land. Five years ago, my cousin forcibly occupied the land and claimed rights over it. We filed a case seeking remedy under Section 144/145, which is still ongoing, and we have not received any remedy. Three years ago, my cousin also filed a distribution case. Is there an eviction case we can file against her? Can we proceed with eviction during the ongoing distribution proceedings? What are the potential impediments to eviction proceedings during this time?
Answer:
In property disputes like yours, the legal landscape can be complex. Here are some considerations and options regarding your situation:
Understanding Your Rights:
Since the land is registered in your father’s name under the BS record, he retains rights to the property, even if your cousin has forcibly occupied it. Usufruct rights grant the holder the ability to use and enjoy the property, which may strengthen your position.
Eviction Suit Feasibility:
You can file an eviction suit against your cousin. Under the Specific Relief Act, 1963, you have the right to seek eviction from the property if your cousin is in unlawful possession. Given the registration of the land in your father’s name, you have grounds to initiate eviction proceedings.
Interplay with Distribution Case:
Generally, filing a distribution case does not automatically impede your ability to file for eviction. However, both cases may be interrelated, and it could complicate matters if the same issues are being litigated in two separate cases.
The courts may consider the distribution case’s outcome when deciding the eviction case, especially if the rights to the land are under contention.
Proceeding with Eviction:
It is advisable to file the eviction case simultaneously while your distribution case is pending. Ensure you provide evidence of your father’s ownership and the forced occupation by your cousin. The ongoing distribution case might delay proceedings, but it does not preclude you from seeking eviction.
Gather Evidence:
Collect all relevant documentation, including the BS record showing your father’s name, any previous agreements or compromises regarding the property, and evidence of your cousin’s illegal occupation.
Documentation of any prior court rulings or ongoing cases will also support your eviction claim.
Consult a Lawyer:
Given the complexities involved, it is wise to consult with a lawyer experienced in property disputes. They can provide tailored advice based on the specifics of your case, guide you through the legal proceedings, and help in drafting the necessary legal documents.
Consider Alternative Dispute Resolution:
If the situation is becoming protracted, you might want to consider mediation as an option to resolve the matter amicably. This could save time and resources while potentially allowing both parties to reach a mutually acceptable resolution.