Inform the police. File suit for injunction in court. You can appoint a special attorney for the case.
Property dispute
We are in the possession of land, we have built house on that for 13 years. The said property have 57 co-owners and all have dispute between them and said property is not demarcated.One of the co-owner have lodge civil procedure against me. He is asking for big amount for withdrawal of case Now today other co-sharer now putting political pressure on me for the possession of said land or hefty amount for settlement. Iam posted 200 km away from home and hoise is locked. I am of fear that other share holder may break open the house . We do have the sale agreement, kindly provide me some suggestions and remedy for the same
Asked 2 years ago in Property Law
Religion: Hindu
7 Answers
Take the defence of adverse possession
that you are in open ,hostile ,uninterrupted possession for over 12 years
no need to pay any money for settlement
Seek injunction restraining plaintiffs from disturbing your possession of the house
The sale agreement is not a title document , hence your claim for title to the property on the basis of sale agreement is not valid.
You have mentioned that there are 57 co owners, it means this property is shared by 56 people other than you, then how can you claim title to the entire property.
If you 200 kms away from the property, then how can you protect your property if someone breaks open the lock and occupies your property?
For now you can file a suit for injunction against those posing threats to your possession of the property.
The title to the property is not clear however you can file a suit for declaration of your title by perfecting the law of adverse possession, but you have to implead all those people as defendants.
You can take injunction against the said co sharer from court to restrain him from doing that
File a case and obtain stay order/injunction against them.
A suit for damages can be filed in a civil court with pecuniary jurisdiction over the claim. Writ petitions and arbitration cases may not be maintainable.
- If the said property is registered in your name , then none having right to take possession the property from you.
- Further, if you are not a registered owner of the property , then also you can be declared as the legal owner of the property after filing a declaration suit before the court on the ground of adverse possession for the last 13 years.
- Further, if they are threatening to take forcible possession , then you can file an Injunction suit before the court to restrain them from interfering in your property , and you can get an interim order as well.
- You can give a complaint before the local police against them for the said apprehension after mentioning that there is court case pending before the court , and in your absence they can break the lock.
