Uttarakhand - Give Notice for Unauthorized Occupation (Land or Property)

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Procedure

Apply In-Person:

1. If someone occupies or attempts to occupy any land over which they do not have any lawful entitlement, the legal owner of the property shall visit the concerned police station where the property is situated to register a written complaint.
2. Contact link please select the applicable option for contact details.
3. Please visit the respective office and submit the written complaint to the respective authority.
4. The authority will go through the complaint. If the complaint has sufficient reason, the complaint will be registered and a “FIR” copy will be issued. Please keep it safe for future reference.
5. If the police station refuse to accept the complaint, the applicant shall send the complaint by register post to the respective office of the district Superintendent of Police (S.P). The applicant shall keep the acknowledgement safe for future reference.
6. The police department will make necessary enquiry and take necessary actions if any criminal activity is evident. Otherwise, the department will try to compromise the situation.
7. In most of the cases, the litigation will be civil based. The applicant shall approach a lawyer and take their advice to take legal action.
8. The applicant shall provide the relevant details and documents as per the “Required Documents” section of this page to the lawyer.
9. The lawyer will prepare the draft/affidavit and apply before the respective court with applicable court fees and charges as appropriate and as per norms.
10. Contact link AND link1 in the given page, please click on the respective state/UT as appropriate to reach a new page. Here, please select the respective district name from the dropdown list under “Please Select Your District” for the concerned page. Here, please click on the “Contact Us” menu for contact details.
11. On receiving the draft/affidavit (application), the court verifies the submitted details and application.
12. The court will do the proceedings by serving a notice to the respective offender or the party.
13. The court proceedings will take place for a brief period to conclude the judgment based on the facts and evidences.
14. Once the judgment is announced in favour of the legal owner, the lawyer will take necessary action by filing an execution petition as per norms to get the order/decree.
15. This legal document ensures the rightful owner of the litigated property and also required for the owner to evacuate the unauthorized occupant as appropriate.
16. The timeline for this procedure is entirely based on the court proceedings and investigations.

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Required Documents

• A written police complaint
• The affidavit or application
• Address proof of the applicants (PAN Card /Driving Licence / Bank Passbook / Electricity Bill / Telephone Bill)
• Identity proof of the applicant (Voter ID / Passport / Aadhaar card / Driving licence)
• FIR copy if available or the acknowledgement for submission of the complaint with police department
• Copy of the property / asset document (sale deed)
• Parent document of the property if available
• Copy of “ROR”
• EC for the advised period
• Copy of “F-map”
• Electricity bill paid receipt in the name of the owner as applicable
• Property tax paid receipt as applicable
• Property owner parents death certificate as per requirement
• Legal heir certificate as per requirement
• Passport size photograph as per requirement
• An affidavit
• Challan/DD for court fee or charges
• If the property is rented or leased to the occupant, then the agreement copy should be enclosed
• If the applicant is a minor, please provide required legal papers to prove the guardian/power of attorney as appropriate.
• Aadhaar card of the guardian/power of attorney
• Aadhaar card

Note: Apart from the above documents, the lawyer may ask for additional information or documents. Please provide them for processing.

Office Locations & Contacts

Police Headquarters, Uttarakhand,
12, Subhash Road, Dehradun.
Control Room - 0135-2712685, 2712231
Fax - 0135-2712080
Email: dgc-police-ua@nic.in
Phone: 9411112985
Contact information link

High Court Of Uttarakhand,
Mallital, Nainital, Uttarakhand 263002, India.
EPABX: 05942-235388
FAX: 237721 / 231692
E-mail:bigcourt-ua@nic.in
Contact link

Eligibility

• The applicant must be at least 18 years old.
• The minor applicant shall appoint a legal entity (guardian/power of attorney) on their behalf.

Fees

• The applicant should pay the required court fees in accordance with the Court Fees Act.

Validity

• The judgment reserves the legal owner full control of the property to evacuate the unauthorized occupant.

Documents to Use

Please attach documents that can be used by people. e.g. links

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

• The timeline for this procedure is entirely based on the court proceedings and investigations.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

• The applicant should be of sound mind at the time of applying.
• Please provide correct details to the lawyer to apply.
• Please make sure to avoid spelling mistakes in the application.
• Do not submit fake documents as a proof to apply.

Required Information

• Name of the applicant
• Applicant address
• Complete address of the property
• Sale deed document number and sale date as per registration records
• Survey number
• Property tax details as applicable
• Electricity connection details
• District
• Village or area
• Aadhaar number
• Age and sex of the applicant
• Mobile number
• Email address

Need for the Document

• Whenever a person, who is not the legal owner of a property, occupies it without the owner’s consent, it would amount to illegal possession of the property.
• In order to reclaim the rights of the property, the legal owner shall follow the steps as per this procedure.

Information which might help

• The property owners should take precautionary steps to keep their property safe. The precautionary steps including construction of boundary wall frequently visit the premise, appoint a caretaker etc.

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

Place some external links which might help.

Others

More information which might help people.