Stay order to prevent construction on an agricultural land
This is regarding an ancestral property - undivided agricultural land in Gurgaon, Till few months back it was owned jointly by my mother and her 5 siblings ( 3 brothers and 2 sisters). Now one of the co-owner has sold her undivided share to a third party. This third party person is a real estate agent and rest of the co-owners are worried that he might start construction on the land (though he hasn't started the construction till now). It is difficult to monitor the property because we all stay in Delhi.
We are already planning to file a suit for partition with the Tehsildar - but we understand that he doesn't have the power to grant stay order. Is there a way that we can get a stay order from Gurgaon district court to prevent any construction on the property till it is partitioned?
One view is that we file the case only when we discover that the third party has started the construction. But if the construction has gone unchecked for couple of months (as we can monitor the property only once in couple of months) then the third party can enjoy the possession of illegal construction till the land is partitioned (which can take several years) and we don't want that.