Land dispute
Adv Vikramsinh Mohite
(Querist) 23 April 2013
This query is : Resolved
Hon'ble Experts,
As discussed earlier, we have agricultural land at our village. It came to us through the compromise decree among our family members 13 years back. But the entries are not made in record of rights till date. The 7/12 is still in the name of our uncle. He was cultivating the land till date on our behalf. However, since this year we have started cultivating. 15 days back, we ploughed the land with tractor. We have heard through villagers that he is planning to file criminal case agianst us and that he had gone to Talathi for doing panchanama. Our application for 7/12 mutation is pending.
Kindly advise
1. Whether he can file criminal case legally as we are having court decree, though not 7/12?
2. what are remedies available to us if he encroaches on our land through ploughing or sowing?
adv. rajeev ( rajoo )
(Expert) 23 April 2013
When you have got a decree, why didn't you file an application before the concerned revenue officer to enter your name to the land. Now also you can file. If your uncle files criminal case you can defend it on the basis of the court decree
Vidhi Joshi
(Expert) 23 April 2013
as your mutation application is pending you can show the same in case of any criminal complaint
Raj Kumar Makkad
(Expert) 23 April 2013
Decree of court is sufficient to establish your possession and be ensure it. Criminal case shall be dealt with as per requirement of the time. Get the sanction of mutation as earliest as possible.
Adv Vikramsinh Mohite
(Querist) 24 April 2013
I am thankful to the experts. LCI experts have given me great support in my fight.
Hon'ble experts kindly advise me what criminal and civil remedies I have if my uncle starts cultivating my aforesaid land without our permission as we are staying in pune city.
M V Gupta
(Expert) 24 April 2013
1. Arrange for a close watch. 2. If he enters the land file a complaint with the police for criminal trespass. 3. If the Police do not take any action file a private criminal case against ur uncle.
Raj Kumar Makkad
(Expert) 24 April 2013
You can not only file a civil suit restraining his entry and if he still enters then contempt of court and also criminal case through police can be filed against him.
Adv Vikramsinh Mohite
(Querist) 27 April 2013
Dear Experts,
While ploughing my portion of land, some very miniscule portion of his land is also ploughed inadvertently as he has removed the demarcation stones and his land is adjacent to my land. Now he is planning to file case against me.
Further, there were drip pvc pipes in my land. While ploughing the labors kept those pipes temporarily in his land. They are still there and he is not giving them back. Can that make the problem.
Kindly advise as he is planning to frame me based on above facts.
M V Gupta
(Expert) 30 April 2013
Deny that u had intentionally or otherwise ploughed a portion of his land. As regards pipes kept on his land u may try to to take possession of the same. In case he prevents, u may have to issue a legal notice for handing over the same to you and take further action in consultation with ur Advocate.
prabhakar singh
(Expert) 30 April 2013
When you have a decree then why are you so much worried about all this.Of what relief the decree speaks of?
