1) you can file suit and seek injunction against your mother for carrying on any construction on land without your consent
2) also seek orders for removal of the watchmen and usage of bore well
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Injunction order on an joint property land
My mother and myself jointly own a piece of land by the way of an registered sale deed..recently an borewell was laid and watchman shed was constructed on the land without my mutual consent. Can i get a stay on the usage of the borewell and evict the watchman
Asked 7 years ago in Property Law
Religion: Hindu
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7 Answers
Since the shed has been constructed and borewell laid you should file a suit for permanent injunction to stop further construction on your land and also seek a mandatory injunction to demolish the construction which has already taken place. File the civil suit without any delay.
1. Only the landowner of a property is free to use the property and no other one.
2. So if the borewell is made by another person you can file suit for recovery of possession and mandatory injunction.
3. If the government authority has built the same it can do so only if the part of the property is acquired for which though you are entitled to compensation.
If this borewell was sunk without your consent and you have an objection it including the appointment of a watchman, you may file a suit for eviction of the watchman as well as an injunction against the operation of the borewell sunk in the property without your knowledge or consent.
You can immediately file the suit with the help of an advocate in the local on the basis of your rights in the property as a joint owner.
1. yes you can get injunction order from the court and evict watchman and also stop the use of borewell.
2. you should file a case under order 39 code of civil procedure for injunction order.
1. You are the joint owner of the said piece of land for which your consent is essential for doing anything on the land or in connection with the said land.
2. You shall have to lodge a police complaint now against the person who has dealt with your the said jointly held land without your consent.
3. After that you can file a petition and obtain an order from the Court restraining the said person and/or her/his associates to enter in to your said property.
4. the guard will be automatically be disallowed to enter in to the said premise with the said court order
yes you can, file a civil suit for mandatory injunction along with an application of temporary injunction under order 39 rule 1 & 2 of civil procedure code-1908.
