Dear Sir,

From your above description I came to understand that your father has two wives and P6W1S1 is the son of first wife and yourself and two others are the sons of second wife of your father. Further I came to understand that P3S1 has turned greedy and claiming entire 18 acres of land which are purchased by 4 brothers jointly and also claiming share in remaining joint family property. It is not known what were the terms in the sale deed when executed in the name of minor that is P3S1. Further I believe that you have strong evidence in respect of 18 acres of property purchased after division (family settlement) of S1 and S2. The law is one and the same whether P3S1 is retired ASI or otherwise. You can handle the case very carefully provided you have support of all others. With this understanding I answer your questions.

My answers are as follows:

1. Now my question is which law will come in favor of P6 against P3S1?

Ans: Only under Hindu Succession Act parties have rights. They cannot be any other law.

2. As P6W1S1 filed a case of family property, If P6W1S1 participate in law breakage by influence of P3S1. What action can be taken in favour of Law and Order(As he filed a case he should wait for court decision)

Ans: Law is there to protect interest of each and everybody provided who handle the issue carefully.

All other issue will be discussed in person.

1) it should be your father case that property was bought in name of P3 son for benefit of joint family

2) since son was only 5 years old he did not have any source of income for purchase of land

3) in 18 acres of land your father has share of 3 acres

4) since son has filed suit for partition wait for court verdict

1) seek an injunction restraining his son and nephew from disturbing his possession of land

2) install CCTV cameras on the land

3) post security guards

4)seek appointment of court receiver for 18 acres of land

5) earnings from agricultural activites should be deposited in court

Dear Sir,

My answers are as follows:

1. We are trying to avoid quarrel as much as possible but don't know how to deal with this situation in Police Station.

Ans: Approach Civil Court and get injunction order on the basis of affidavits of neighboring land owners.

2. If things goes wrong and went out of control. How to stop agricultural activity by any person in 18 acres of land. Is it possible to get stay on complete 18 acre land activities? Please explain how to do it.

Ans: Without seeing the documents one cannot advise you properly. Anyway it is better to get affidavits of neighboring land owners to the effect that entire 18 acres of land was not belongs to minor who attained major now. For more grounds and suitable advise you may please visit my office.

1. Partition suit will be the best option before you for now

2. You can challenge his case properly on merits and evidences in your side.

1. If they are trying to forcibly occupy by driving you out of your property, you may first approach police with a criminal complaint and then you can file a permanent injunction suit against them to restrain them from interfering with your possession and enjoyment.

2. An injunction suit restraining him from interfering with your possession and enjoyment shall be the desired relief.

Hi,

it is expected as per the suggestion of friends, your query is resolved.

You can take both criminal and civil action against him. In case of civil action you can pray for injunction in civil court and in form of criminal action police complaint can be filed or private complaint before magistrate can be filed.