Why your brother.
File a police complaint against that servant. He himself will disclose everything
Agricultural land in mothers name
Sir/madam , we are 2 brothers and 1 sister, my mother owns 2 acers of agricultural land in palghar Maharashtra. My mother was doing farming over there. Few years back due to her health issues she could not continue doing it. She is now staying with me in mumbai. Now i have come to know that my elder brother has put his servant at farm. His servant started doing farming over there. Now the servant has put application at local talati office to transfer land in his name. All documents are in my mother's name. We several times told my brother to remove his servant but he is not doing so. We fear that he might have taken some money from his servant. His servant is cultivating on my mother's land. We have written to talati not to give any papers to any person.can we file a suit against my brother to handover land back to my mother and remove his servant from there immediately (2) were have we to file the suit in palghar or in mumbai. Kindly reply
Asked 4 years ago in Property Law
Religion: Hindu
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30 Answers
1. You can file a Police FIR (at Palghar only), requesting investigation and charge-sheet, for offences like Trespassing, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.
Note: You can take Power of Attorney (POA) from Mother and you can file FIR on behalf of Mother.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Your mother should issue legal notice to servant to vacate land
2)She should go and stay in the village
3) if she so desires she can sell her land
4) in alternative file suit for eviction against trespasser
You have to file suit for injunction and declaration of title under order 39 of C P C 1908 before Palghar Court because of simple reason is that disputes are under the jurisdiction of Palghar Court. No suits at Mumbai.
Keep ready form 6,8 and extract of 7/12 with Index II updated for injunction order against your Brother and his servants.
You would definitely succeed.
Yes, prefer a suit to disposes him.
If he has fraudulently got his name mutated in the revenue records, you’ll have to prefer a case to cancel the same as well.
As per law, he can’t occupy your mother’s land during her lifetime. He derives an interest in this land only after the instestate demise of your mother.
1. You brother seems to be in nexus with this servant and hence running after him will not do.
2. Your mother is the owner of this property and hence she alone take action to clear her property.
3. So ether get her to lodge complaint with the Talathi or get a POA from her and then lodge such complaint by you soa s to remove his name.
4. Since she is the owner the property can not be mutated in the name of any person, least of a farmer of that land.
Yes, on behalf of your mother you can file a suit against your brother and his servant. take injunction and take land back. Kindly visit at list every week on the land after lock down is over and once local trains starts.
- Since, the said agriculture land is owned by your mother, hence this land is her self acquired property .
- Further she is having her right to transfer the said land to any person as per her wish , and none has right to claim over the same legally.
- Further , the acts of your said brother and the said servant is against the law, and they have no right to take the ownership without the consent of your mother.
- Firstly your mother should send a legal notice to your said brother for terminating his licence , which was given to him for temporary farming , and thereby she should instruct him to immediate leave the land .
- Further, if no response, then she should file a suit for Mandatory & Permanent Injunction before the court for restraining them from entering into the farm land and from transfer the same to any third party without the consent of owner .
Suit will be filed in Palghar
This property is still in the hands of your mother only.
You can issue a legal notice to the said servant instructing him to vacate the land and deliver possession.
If he is not agreeing or not complying with the demands made, you may file an injunction suit agaisnt him to restrain him from cultivating the landed property anymore since he is an unauthorised squatter in the property and also for re-possession of property
File a case under section 144 of crpc and then file a suit for partition.
Since your mother is the owner of land she can file a suit for eviction of your brother and his servant from the land. The suit has to be filed in Palghar.
What is the need to file case, better first file FIR and if brother has sold the land to servant or took some money than agasint brother also, as he has no right to sell and deal in the matter of land till mother is alive.
Last remedy, can file suit of injunction and recovery of possession. Suit will file in where land exits. Also submit objection at local talati office not to transfer land in his name or you have already done, good.
Dear Sir,
You are suggested to file suit against the brother as well as against his servant for injunction restraining from using the said land. Besides, you may also file the police complaint. The said cases will be filed in Palghar.
if agriculture land registered on your mother name then it is not possible to transfer without your mother consent.
incase if servant not vacating or trying to take possession on said land your mother should file criminal complaint before local police station. alternate you mother can issue a legal notice and file eviction suit before Jurisdictional civil court.
It is advisable to issue a legal notice to the servant for vacating the property. Meanwhile the property can be sold even when the tenant has not vacated but that should be disclosed to the prospective buyer as well. A suit can also be filed against your brother asking him to remove the servant from the property.
1. Your mother can file suit against your brother and his servant for permanent injunction and dispossession from her property.
2. Permanent injunction is for restraining them to claim any rights in the property.
3. Suits will be filed in Palghar
Issue notice to your brother to remove his servant and followed by filing suit.
The suit has to be filed in palghar where the property is situated.
Find out about the case and make yourself a party to the case by filing a vakalatnama. Explain the case to the court and ask for a permanent injunction.
Respected sir/madam , I have received a notice from Talati office that some person has applied for his name to be put on record of ( pik pahani) means he is cultivating on my farm. He just a servant of my brother. Talati has asked me to produce all land related documents. All papers are in my mother's name. She has been doing farming over there for years. Now due to health and safety she has come to stay with me in mumbai. Talati office has infromed local police also. Now what should I do
Asked 4 years ago
Object to inclusion of his name in revenue records
2) mention he is not cultivating land but is servant of your brother
3) mother should return to her native place
Dear Sir/Madam,
You are suggested to file suit against the brother as well as against his servant for injunction restraining from using the said land. Besides, you may also file the police complaint. The said cases will be filed in Palghar. Also respond to the notice pf Talati office and submit your proof.
Contact the Talati over phone and inform him / her about the ownership and send the copies of your mother's ownership documents through registered post with acknowledgement due to the Talati and also issue notice through Advocate asking the Talati not to make changes in the records.
You go in person on behalf of your mother and present the documents.
You should go and submit on mother behalf. Take POA from mother or hire any advocate. Dont provide originals but only photo copy.
Hire advocate wisely.
You can produce the same and part of inquiry
What do you want is the question?
Objection then object or permission then allow.
You have been served with a notice about this from the village revenue office, it becomes your duty to clarify their doubts and also to object to the other person's application to include his name in the land records.
Take your mother to the village with an application objecting to the other person's application and establish her rights in the property.
Your mother has to produce all the documentary evidences to prove her title to the property.
You should appear before talathi office with all documents and authorization letter from your mother to appear on her behalf due to her health conditions.
Immediately appear before concern talathi office with all property documents behalf of your mother.
You should obtain a certified copy of the property or you must be having a copy of the property papers. Send them to the tehsildar along with an application stating the issues.