• Property dispute

The ancestral property of my grandpa was given to him without proper measurements done(I mean based on the statements of then head of the family). Recently we got to know that some piece of land belongs to us when measurements were done by surveyor which were used by my grand pa's cousin since 50 years. They refused to give it on mutual consent thus we have claimed this issue in the court. Now they are torturing my grandparents bringing police and giving continuous warnings saying that they can use that land and the arecanut cultivation done there until the judgement is given. Can you give us some legal advice? Can they really use the land and the production though it is under dispute? What are the legal steps that can be taken? please advice us at the earliest and do the needful
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

1) if part of grand father land was being used by cousin wrongly by cousin your grand father can on basis of surveyor report claim said land

2) your grand father rightly moved court to claim said land

3) your grand father has tyo move court and sek injunction restraining his cousin from using the said land pending hearing and final disposal of the suit

4) if no stay order is passed by court they can use the land

Ajay Sethi
Advocate, Mumbai
94731 Answers
7537 Consultations

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contact a local lawyer

2) take out application in suit filed by you and seek injunction restraining cutivation of disputed land by grand father cousin

Ajay Sethi
Advocate, Mumbai
94731 Answers
7537 Consultations

5.0 on 5.0

1. Police has no authority of law to intervene in this as the dispute is entirely civil in nature which is actionable by the aggrieved person before the civil court through a suit for declaration.

2. Have you sought temporary injunction against the use of land by them? If yes, has it been granted by the court? If no such temporary injunction has been granted by the court then they are at liberty to use the land.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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Recovery suit with Fixation of boundary is the only remedy if you have a clear title. The time limit is not a problem; you have taken a contention that they grab the property.Find a local lawyer.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

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They cannot trouble or torture you people on this.

Neither the police have any role to play in the civil dispute matter.

If they keep troubling you, then you may aproach the higher police officer with a complaint against the local police who are troubling you after taking bribe from them.

You can obtain an order of injunction agaisnt them restraining them from indulging into such unlawful acts while there is a case pending in the court awaiting decision on the property.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

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please do the needful at the earliest

You may file an interlocutory application before court seeking injunction to restrain them from indulging in the cultivation activities till the disposal of the case.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

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