Being legal heirs of your mother even if you have not got records mutated in your name if the opposite party is constructing anything in your land or interfering in your peaceful possession you can get an ad interim expate injunction from the court. File a suit for permanent injunction along with application under order 39 rule 1 & 2 of cpc to get ad interim exparte injunction which will force them to stop construction with immediate effect.
Can we apply for injunction or court stay over adjacent plot where new owners are claiming our land
We are facing a problem as our neighbouring land was old by our relative(my grandfathers niece), which they inherited from their mother, and now they have currently sold a part of their land without notifying us. As we dont' stay far from our home, we got to know this from our other neighbours that the new owners have demolished a 4'*6' construction which was part of our land and also demolished the common partition wall in place of which they have aroused a concrete construction. and they were also going to stretch the same construction over the land where the 4'*6' construction stood, unless my sister came and told them to stop the work. We have provided an objection to this at our municipality, to which the work is stopped temporarily and they are going to give us a hearing date at which they would hear from both the parties. As per our registered deed and map, we have that 4'*6' area marked on our map, and also, as when my maternal aunt (grandfathers' niece) sold their land they explained to the new owners that the 4'*6' area falls in their plot, so the new owner had included that part in their registered deed as well as their map. We hold our land of over an area more than 2 cottah through inheritance from our mother and she received it from my grandfather. The common partition wall was stretched during partition between my grandfather and his elder sister. Now our mother has expired in 2011 and we have not mutated or done any registration under our names(me and my sister). Can we apply for civil injunction or court stay order over the neighbouring plot of land if we dont' have any legal heir certificate or mutation certificate.
Asked 7 years ago in Civil Law
18 Answers
Apply for mutation of property in name of legal heirs
2) as legal heirs you can file suit seek injunction restraining neighbour from carrying on any construction on your plot
Dear Sir,
You have a good case and you can approach immediately to Civil Court by filing a suit and claiming mandatory injunction to reconstruct the legally demolished the wall. You may establish your area of possession by producing relevant documents as said by you.
Thank you for your answer. Can you please help us on what is the exact process, time and documents to be provided for this interim injunction. We will be checking with our local lawyer regarding this. Any other information will be appreciated.
Asked 7 years ago
Dear Sir,
At the first instance only you must produce all your documents pertaining to measurements since the entire case is revolving around measurements. If possible get a copy of sale deed in favour of other side and go through its contents. Accordingly you may prepare plaint averments. If you produce affidavits of your neighbors in respect of alleged incident will be more suitable. If you have any photographs then produce the same. Local inspection by Court commissioner may be prayed to get first hand report by the Hon’ble Court.
before taking injuction file 144(2) to maintain breach of peace and tranquility and then get your injunction, please that the injunction petition is well drafted and moved properly to secure your interest.
you should get interim reliefs in one month
2) enclose documents which prove ownership of land
3) death certificate of grand father
Provide the documents of your land along with tax paid receipt and any survey records or demarcation made which shows your boundary and extent of land. Along with pliant file for exparte injunction. Take photos with date to show that they are still going on construction activities.
Yes you and your sister can apply before court as legal heirs of your mother can seek injunction order against the opposite party.
Further in mean time also apply for mutation specifically mention in your application reason the mutation has been not done and further you have applied for mutation of property in your name. when the process of mutation is complete you can bring the copy of revenue record before the court. But till the time file an application and plead for stay.
See an application for injunction can be filed under order 39 of CPC the law point your lawyer shall take care.
Further you will require the Map, property record and documents, death certificate of your mother, your family rasan card and other documents showing your relation with mother, photos of encroachment, the complaint before municipal authority.
Immediately file a suit for an injunction before a the civil court having competent jurisdiction in the present matter.
You need to see an expert and experienced civil lawyer.
Push for an interim stay/injunction.
Stay would be granted on the very first stay, depending upon the merit in the matter or once after the opposite partty appears before the Court after notice is issued to it.
You are only concerned with the interim stay. The Case may take years for its final conclusion.
1. First lodge a police complaint against the new buyer of the land for demolshing your construction and starting construction in your area illegally.
2. Thereafter file a Title Suit praying for a declaration that the said land stands in your name or have been inherited by you upon which the new buyer has no claim.
3. After filing the above Title suit, file an application under order 39 Rule 1 & 2 praying for an injunction upon the said new buyer restraining him in continuing his construction or entering in to your land/area.
1. Engage a local lawyer having expertise in this field.
2. the steps to be taken has already been detailed in my earlier post.
3. It is a very common matter and any lawyer having some experience and knowledge will be able to file the said applications.
You would be requiring photographs, plus any document with regard to the same, list of witnesses if any.
Suit would be for permanent injunction accompanied by an application for the temporary relief.
Do not forget to ask for interim injunction otherwise case would go on, and you won’t get any relief for now.
You should consider filing a police complaint against the new buyer of the subject property for started illegal construction in your land and for demolishing the existing structure, along with suit for permanent injunction with interim stay application.
You can very well file a mandatory/ permanent injunction suit against your neighbors for their illegal demolition and encroachment action.
You can produce the legal heirship certificate to prove that you are the legal heirs of your deceased mother.
If you are not able to procure the above certificate then you can prepare a family tree certificate and produce it before the court to suffice the requirement.
Can you please help us on what is the exact process, time and documents to be provided for this interim injunction. We will be checking with our local lawyer regarding this. Any other information will be appreciated.
You have to produce the original sale or title deed document in the name of your mother, other relevant papers pertaining to the proeprty and any other relevant documents that your advocate may inform you.
You can go for injunction in the said matter.
