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Prakash (Director)     06 February 2013

Agriculture land -dispute

Dear Sir ,

I would request some advice from subject matter experts here . Please find the details below .

1. My father purchased agriculture land of 3 acres last year in Kunigal Karnataka ,We had checked all the records ,family tree and other documents and got verified by lawyer and we purchased the land.

The property was an anciestrial property which the seller had inherited from his father . ( Grand father property )

The family tree provided and  registeration was done in 2006 on seller name .

2. After 30 days One person A has filed case against us saying he is one of the grand child and has a share in it ,we verified and found he was not a part or grand son  with the seller family. The case is filed against the seller and us .

3. We submitted all the documents that he is no where in the family tree or doumnets to claim a part of it in court .He has not at all given any document to prove he is a share holder except a family tree form which was created very recently after our registeration of land .

4. At the court the judge has given him 15 days to provide evidence to prove his share ,which we think he might not .He has taken Temperory injunction against us .

5. We wanted the land survey to be done yesterday ,The person who had put case came and objected on taking the survey saying that it is under letigation .

6 . Can experts advice is he entitled to do that as the land is registered in our name and Katha transfered to our name . Legally its all in our name .

What should we do to carry the survey and fence it . We are ready to wait for the legal verdit later but we do not want the land be left unfenced . Please advice

We spoke to our lawyer he says the person who had put case does not have any legal authority to stop us from fencing and living in our land until the case is decided against us .

What should we do to carry out survey and fencing ,This is really killing our time and peace of mind . Please advice how to get out of  this menace .

Thank you

Prakash

 



Learning

 2 Replies

surjit singh (Assistant)     08 February 2013

if there is an order of injunction then before fencing you have to take permission from court which passed the injunction order I donot know how your lawyer have said you can carry on with fencing, when there is an restriction as regard construction I beieve  fencing is as a part of construction.

Prakash (Director)     13 February 2013

Thank you ,

We are ready to wait to do fencing and survey later but now the guy is threatning with local guys not to enter the land itself and has forcefully start to occupy it .

Is it not illegal that he is occupying our land and is not allowing us to use ,

By the way the temperory injuction givento them  is only to stop further selling of property or transfer of property ,

How come he is using this TI and threatning us from enetring our place and using it .

We are planning to go and occupy the place ,Can we seek police help for this .

Our lawyer says to use muscle power and occupy the place first .

Please advice

Regards

Prakash


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