1) has court granted any stay regarding creating third party rights ?

2) in partition suit take out application seeking stay of any construction on site or creation of third party rights

Dear Client,

You are 1/3rd holder on site, for any third party encroachment , you should file criminal complain, This way you will get to know who is behind all seen. You can also seek status quo order from court than until case is pending,non can alienate or construct without leave of court.

you cannot force them to file complaint

you can give police complaint if you find construction being carried on at site contrary to court orders

you can in suit take out application for stay of construction

You also owns ownership, you can individually file complaint, than polcie will investigate whether its encroachment or in connivance with other heirs. You should file agasint third party than police will find out.

HI,

Apart from the police complaint, you are suggested to file an application on injunction against any construction.

If you are a party i.e., either a plaintiff or defendant, take photographs of the construction being done on the site, file an application Under Order 39 Rules 1 & 2 r/w Section 151 of CPC seeking a temporary injunction whilst dispensing with issuance of notice to the third parties (builder).

You will need to obtain the latest Encumbrance certificate in respect of the said site, if it reveals that the site has been sold in favour of the builder, then you will need to file an application to implead the builder as well into the said proceedings. If there is only an agreement of sale then you will need to seek cancellation of the said agreement as null and void.

First things first, lodge a police complaint stating that there is unauthorized construction going on in the disputed site and seek their help to stop the construction activities immediately. Thereafter file an interim application seeking a temporary injunction till disposal of the suit itself.

you should file immediately injunction order .

Hello,

File an interim application and obtain the order of status quo from the court.

Regards

Let it be, let them not agree.

You take evidences and file an application for obtaining status quo from the court.

Regards

Approach the Court and seek an injunction so as to ensure that the status quo of the land is preserved.

If you are already a party to the partition suit which has been filed w.r.t. partition of this parcel of land, approach your existing lawyer and apprise him of the fact of on-going construction.

You need to approach the COurt.

Hi

You should file an injunction suit to stop the construction.

Ask for a stay of the ongoing construction work

Yes it is necessary to know who is doing the construction

Without the permission of the local Muncipal authorites no one can start the construction, you can find out from village/Muncipal office whom the permission is given. if the heirs are not admiting that the construction is authorised by them, first file a police complaint against unknown persons for trespass and the illegal construction.

You can file suit against the co- legal heirs

Immediately file an application to court to appoint a court commissioner to take site inspection and submit report to court

Its important that this construction is stopped because its utilising the FSI of land which will in turn affect your right in the share of land u will get on partition

Also seek directions from court to police to take action against any person found to be in illegal possession of the land

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like trespassing, cheating, intimidation, fraud against "unknown" person/s, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. Once the police start investigating, all facts relating to the constructing parties would come out automatically.

Keep Smiling .... Hemant Agarwal

Dear Sir,

You can file interim application before the Court and seek a restraint order on all the parties on the record to stop construction either directly or through third person. It will be normally allowed by way of STATU QUO order. Court have wide powers take benefit of the same.

Dear Sir,

Get a stay order from the concerned court and also get appointment of commissioner if terms of stay order are violated.

Police may not entertain any complaint when there is a case pending in the civil court.

You collect the details of the persons who are constructing the structure and seek an injunction against them by filing a petition to implead them and also file an injunction petition against them to restrain them from progressing the proposed construction or ongoing construction work.

You cannot be so much innocent about it.

You can ask those people who are constructing the same about their proprietary or authority to indulge in such activities in the property which belong to you all.

The builder, if an unauthorised person and is trying to encroach or grab the property then you may give a complaint against him or if he reveals that he is doing it on behalf your other brothers, then you can file an injunction petition against the builder and the brother who has authorized builder construct the structure on the land.

Police would not be of any use in this case as the right authority to address this issue is civil court which can be approached by way of suit for injunction.

Once the injunction suit is filed in court, the opposite sides would have to give the written statement where they would either have to own up to the construction or denied it all together.

Complaint has to be made in Civil Court, not police.