Your father is co owner of land and hence has right to enter the land and irrigate the trees
2) court can grant you stay order
Right to maintain disputed property
We have our dad's ancestral property of 2 acres in tamilnadu which is undivided among 4 brothers(including my father). The whole 2 acres is in my dad's control till now. It was a barren land and we converted to suitable for culativation. We are growing coconut tress in that for past 10 years. We spent our own money to raise the trees. All these with the thought that, the partition will be a smooth process and we are ready to give others brothers, their share. But now dispute arises as the land is a road facing property and who to take which portion of land. So, planing to file a partition suit now. Now, the other 3 brothers of my father is asking not to irrigate the coconut tress till the dispute is over and asking us, not to enter the land itself. If we dont irrigate the trees, then it will die soon. Is there a way we can get a stay order in court to maintain the property till the court verdict comes ?. We are ready to comply to court order. Only thing is we dont want the coconut tress to die without water. Please advise sir.
Asked 4 years ago in Property Law
Religion: Hindu
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8 Answers
Please file a suit for partition without delay and pray for an interim order for maintaining the property in a good condition without any hindrance from your uncles till the suit is finally decided by the court.
- Since your father is the co-owner of that land , then none his brothers can restrict his entry legally.
- He can file suit for Partition & Injunction before the court for getting his share and to restrained them from restricting you from entering in the land for the said purpose.
As intended by you, a suit for partition can be filed seeking division of property into equal shares among the shareholders by metes and bounds and good and bad soil.
As the cultivation/agricultural activities are going on, you can seek an injunction to restrain the defendants from obstructing the cultivation activities for the obvious reasons, but you should express your willingness to share the mesne profits derived out of the crops by deducting the labor and other charges/expenses incurred by to raise the crops/trees.
Dear Client,
Yes you can get a stay order on the land as it is disputed. You can file petition under Order 39 of Civil procedure code which provides stay on property which is damaged or alienated or has wrongfully sold or in other cases when other party is giving threat to dispose of property or property is under dispute.
Thank You.
You can get an order to irrigate.
G.RAJAGANAPATHY
High Court of Madras
Yes you can seek for stay order from civil court pending your proceedings before the court
Dear Sir,
Please file an application for appointment of Court receiver to maintain the Coconut trees.
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In civil litigation, a receiver plays an important role in assisting the court. The Receiver is considered to be an officer of the court who helps the court to protect and preserve the subject matter of suit till the time the court decides the matter. Sometimes, the court thinks, it is in the best interest of both the parties to appoint a receiver who will be responsible for the management of the subject matter. The subject matter is generally a movable or immovable property.
The Receiver is liable to take care of the property just as a prudent man will take care of his own personal property. He should follow the directions of the court or else his property can be attached by the court to recover the amount which is due to him.
Who is a receiver under the civil procedure code?
Under order 40 of CPC, The Receiver is an independent and impartial person who is appointed by the court to administer/manage, that is, to protect and preserve a disputed property involved in a suit.
For example, in a dispute between A and B for an immovable property, if the court thinks that it is in the best interest of both the parties that possession should be taken from B and given to an independent person, the court may appoint a receiver who can manage the property till the time the suit is being decided. Such a receiver appointed by the court would be responsible for the maintenance of the property. He can collect the income accruing like rent or any other profits and utilize it to maintain the property. After deducting the expenses incurred in maintenance from the income received from the property, the receiver will have to submit the remaining income, if any, in the court.
