Agriculture land

Querist : Anonymous (Querist) 05 May 2021 This query is : Resolved
Respected members

I have a family dispute going on, on our ancestral agricultural land. Since the beginning, our part of the land is also under the possession of our uncle who had been cultivating the land. A part of the same land is now registered on the name of my uncle by my grandmother by making her sign the documents. The case is running since four years, none of my family members stay there so it is becoming very difficult for us to keep an eye on that. My bother stays overseas, and I also travel out quite often. Can we make them stop cultivating the land immediately with help of some present law provisions. Need advice. Thankyou in advance.

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A user is experiencing a long-standing family dispute concerning ancestral agricultural land. Their uncle has been cultivating a portion of the land, and part of it has been registered in the uncle's name by their grandmother. The user is seeking advice on whether current laws allow them to immediately stop the uncle from cultivating the land, as they are often away and find it difficult to monitor the situation. The advice received suggests that an injunction should have been sought earlier in the ongoing four-year litigation and stresses the importance of regular communication with their legal counsel.

kavksatyanarayana (Expert) 05 May 2021
What is the opinion of your own counsel?

Advocate Bhartesh goyal (Expert) 05 May 2021
It is very difficult to opine without going through case file, Better discuss with your lawyer and if necessary proceed as per his advice.

Dr J C Vashista (Expert) 06 May 2021
Your counsel is the only person to form proper opinion and advise.
If you are not satisfied with your lawyer change him / her immediately.

Sankaranarayanan (Expert) 06 May 2021
I do sailing with experts points

T. Kalaiselvan, Advocate (Expert) 06 May 2021
You have mentioned that there is a litigation going on for the last four years, if at all you wanted to stop them from cultivating the land in dispute, you should have approached the same court with an application under order 39 rule 1 and 2 seeking injunction restraining them from cultivating the land or indulging in any agricultural activities in the disputed land till the disposal of the suit.
If you give various reasons for not able to follow up the case regularly then it is you who has to suffer the loss because you cannot blame your advocate if you are not in regular touch with your advocate to pursue the developments.
Your query itself indicates that you are not in touch with your advocate because had you discussed with your advocate about this, he could have suggested you about the next course of legal action in this connection.

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