Can we put stay order on agricultural land
I am retired banker we had land which was being used for agricultural purpose by my elder brother.
He solely enjoyed all income from that land which was my name.
Soon after retirementioned I asked my brother to hand over my land to me.but he didn't so I went to district court for the same.
I was working in private bank so don't have any pension or other source of income. And it's almost 3 years know my brother is enjoying all profits from my land I have become bankrupt know.
Can we put stay on land so as his income source can stop and he will get ready for division of property.
Asked 2 years ago in Civil Law from Nashik, Maharashtra
1) you can apply to court that income derived from land be deposited in court
2) that court receiver be appointed for land
It seems that you have filed a suit for eviction against your brother. If he is still enjoying the income from the land then you can seek injunction against further use of land by him during the pendency of the case.
Is it a joint family property? or the property own by your parents?
Filing a partition suit is a remedy for getting your share in the property. You can also ask the means profit from the agricultural land. Also take out a commission for determine the earnings from the land.
You can file a partition suit and can claim separate possession of your entitlement in the property.
You can also seek mesne profits out of the revenue derived from the landed property.
You can seek injunction restraining him from alienating the property as well as enjoying the profits from the property by himself, he may be asked to deposit the revenue to the court till the suit is disposed.