File a writ petition in high Court
Promoter claiming our ancestral plot his own
Hi My mother-in-law, wife and sister-in-law jointly owns a plot in Kolkata which was mutated from my father-in-law's name after his death in 2016. Before my father-in-law, this plot was own by my father-in-law's mother and before her, it was owned by her husband. So it's around 40 years old piece of land. We have all papers, tax receipts and mutation papers. We recently planned to built a boundary around it and when we started working on it, a local promotor sent his goons to scare away workers and asked us to show papers. Promotor is quite influential and owns multiple apartment complexes in area. We met him and showed him copy of mutation which he right away rejected and asked for deed. His tone was harsh and he warned us if we do anything on that plot he's will not let that happen. My mother-in-law is widow and lives alone with my sister-in-law. I work in Singapore. What should we do ensuring justice is served but also considering safety of family members. Your help is appreciated.
Asked 6 years ago in Property Law
Religion: Hindu
9 Answers
File police complaint of criminal intimidation against the promoter under section 506 of IPC
2) if police refuse to file FIR file private complaint against the promoter under section 156(3) of crpc to direct police to investigate and submit report
3) your mother in law cannot be prevented from building compound wall on her plot . She can seek police protection
4) in alternative sell the plot if you don’t want to proceed legally against promoter
1. In this scenario the owners of plot should file a suit for permanent injunction against the builder to restrain him from usurping the property and creating obstacles in the construction activity.
2. Also seek police protection during the construction activity.
What is the need to show them papers. File FIR, they are trying to encroach your property.
They can also file civil suit in court to obtain injuction agsisnt encroachment.
First FIle FiR.
1. It was a wrong step to show your papers to the promoter since he is no body to see and verify your title and also since it is understood that his dole intention id to grab your said property or force you to sell it to him at a throw away price.
2. However, your mother in law shall have to lodge a police complaint against the said promoter.
3. If police refuses to register FIR against the said promoter based on her said complaint, she shall have to file a writ Petition before the High Court against police inaction praying for a direction up on the Incharge of the local police station to register FIR, investigate and act based on her said complaint.
4. She should also pray for a direction upon the police to protect her and ensure that she is not disturbed while constructing the boundary wall surrounding her said plot.
Immediately lodge complaint against the so called promoter and his henchmen for disturbing you.
If police fail / avoid your representation, you can ask them to take up the representation U/s.156(3) Cr.P.C.
Inspite of the above if the police do not react, you can file writ petition against the police seeking direction from HC against the police to investigate and file report.
You need not yield to the pressure tactics of the local people, however, if it is life threatening, you may think of disposing off the said property and leave for good from there.
1. Your sister in law and mother in law have to file suit for permanent injunction against that developer for restraining him to stop construction of boundary wall.
2. Also seek police protection in that suit for building the boundary wall around the plot.
you should immediately call on 100 number and lodge your complaint and also wrote a application regarding your grievance and send it to your I.G police , SSP, SP city, and sHO concerned and if they don't turned you may move an application under section 156(3) of Cr.p.c before the chief judicial magistrate concerned.
If there's a registered title deed available on the original owner's name I.e. on the name of your wife's grandfather, then on the basis of the mutation records on the names of your wife, her mother and sister, they may file a permanent injunction suit against the builder/promoter restraining him from interfering in your possession and enjoyment of the property in any manner.
