Sitting amid the blackened remains of his home, 32-year-old Nikesh Gawali carefully broke open a half-melted plastic box with a screwdriver. His hands shook slightly, not out of fear, but out of hope. “I’m trying to find my daughter Aarti’s gold earrings,” he said quietly, still focused on the box. “She’s just five. I got them made recently after months of labour work.” The plastic box, warped and blackened by heat, was one of the few things left from his two-room house on the outskirts of Dhamangaon village . All around him lay ash, broken tin sheets and charred wooden beams. The walls had cracked under the heat and the front room’s tin roof had caved in completely. What remained was a blackened debris all around - almost nothing to suggest a home once stood there. Nikesh earns his living as an agricultural labourer, like many in the village. Work is uncertain and depends on the season. Those earrings weren’t just jewellery - they were a small dream, a reward for his hard work,...
1) First step is to file police complaint as any unlawful entry into property in the possession of another with an intent to insult, annoy or intimidate another person is a criminal offence under Section 441 of Indian Penal Code. Land owner remain legally in possession even though he may not physically occupy the plot.
2) For maintainance of your legal rights, a suit should be filed against the persons involved against such trespass. In such suit, you should also ask for a declaration that the property belongs to your father and not any other person. The reason for this suggestion is that the land mafia then cannot legally transfer the property without your rights being considered.
3) Also, it may be helpful to file a caveat in the court i.e. a document that requires the court to give you a notice in case there is any suit filed in relation to this property so that if any person tries to deal with the land and there is any kind of litigation, you can join in and agitate your rights.
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