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Varun (MD)     08 May 2012

Advice on possession of a land

Dear all I belong to meerut, and there is a property in meerut itself. The property is registered under an enterprise. And the co-owners in it are six partners. My father elder brother's wife name, his three kids who were quite young at that time, my grandmother and my father's name is there. Long time back we had a personal dispute in the family. Because of which we left the joint family. At that time we used to stay in a rented house as a joint family. My father and his family shifted to a owned house and his brother continued staying in that rented house. After 6 years they started constructing on the land where there were 6 co-owners. We tried to take possession after they shifted. But they created problems. After few years my uncle expired and his wife as well. And my father's nephew asked my father to gift him the property and since then he is creating problems for us. The land size is 4400 sq yards. Now, we have filed a case in the civil court for the possession of the land, as he is. Continuing construction on it. His residence exists and now he is constructing his office as well. We took the stay on construction a month back along with the separation suit filing. But still after that stay notice he is continuing constructing in a hurry so as to finish his office work. He has influenced the area police station so as to keepthe work flow smooth on the poperty. Now we have asked for an inspection on the property related to the construction that is still happening after the court's stay order. What should we do? In order to stop him constructing further and to get the possession over the land. Can we get a NOC from the court to visit the property and keep a check on the construction and inform the court even if any small thing is doubtful regarding any further contempt of the court's order. Please assist me on this. If any further cases can be filed on him regarding the property fraud that he trying to make. Our name is clearly mentioned in the papers. Would request honest replies regarding the above mentioned case. Thank You Varun Abbi


 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     08 May 2012

Dear Mr.Abbi, 

After going through the facts, I have the following to opine :-

1. As regards the ongoing contempt of court's order of status quo - file an application u/o 39 R2A in which the court has the power to send the contemnors to prison for 3 months - and also attach their property for a year and sell if disregard continues. 

2. For forgery - you can initiate the necessary complaints/FIR u/ss 468/469 etc. 

3. As regards merits of your matter - nothing substantial can be said unless pleadings are read.

 

Feel free to talk !

Regards,

 

Bharat Chugh

Advocate

Varun (MD)     08 May 2012

Dear mr chugh Thanks for your kind reply. In terms of 39 R2A. We have filed it and tomorrow a team is visting from court's side. He has taken police support as well of the local police station. Should we get the photos tomorrow so as to keep a check on him in future. Is there any law where after this contempt of court we can get a NOC from the court so as to visit our property and have a regular eye on the day to day activity in regards to any further construction. Thanks once again for you king reply. Regards Varun Abbi

adv. rajeev ( rajoo ) (practicing advocate)     08 May 2012

Your quesion is answered thru., mail

Varun (MD)     10 May 2012


Dear All

Today 2 employees from the court went to the property found that the construction was still continuing; inspite of the stay provided by the court.

And even they threatened them to move out of the property and even called 4 local goons in order to stop them to do their work.

The employees did their work and have taken the report of the property mentioning that the work is still in progress.

What and which all charges can be applied on the person in such a case.

 
Thank You
 
Regards

Varun

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