You can file a suit for partition and also an application for injunction against the outsider who is intruding into your property without any right or interest. You may have to implead the stranger also a party to the suit
Stay order on agriculture land
Dear Sir / Madam Myself and other 3 has Patta Passbook under the same survey number with sub survey numbers but was not partitioned among 4 of us. The same land has been using by someone since 10 yrs now, although we have objected them and revenue department has marked the borders but those guys are just removing the borders and using the land again. Now i want to go legally and get the stay order for the survey number. But the other 3 are not ready. I have asked a lawyer about the same but he told me stay order is possible only when we 4 people agree, as the land was not partitioned among 4 of us. Do i have to loose my land because of other 3 people who is not willing? What is the wayfoward to get my land back?
Asked 3 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
7 Answers
It is not necessary that all joint/common owners should join in a suit against trespasser. Suppose some part of house is encroached by outsider, anyone can take action against him, not all family members should join against encroacher. You can alone can seek his removal, consent of others is not required. Your question indicates that they are removing boundaries. It is an offence of removing land mark by public authority for which punishment is imprisonment up to seven years. A criminal complaint against offence can be filed by anyone not only the person affected. File a complaint with photographs in the Court of Magistrate as offence is non-cognizable. Court will order police to register FIR, investigate, produce accused in court and file charge sheet. After trial Court will punish the accused
File suit for partition division of land by metes and bounds
2) also file suit for eviction as you have undivided share in land and can take legal proceedings without consent of other co owners
No you can still get stay without aforesaid conditions
1. You have not informed why the other three are not willing to take up the matter legally.
2. If the Opposite Party holds possession of your land for a period of 12 years and more, he will be entitled to claim adverse possession of the said occupied land.
3. Since you are one of the co-owners of the land, you can file a declaratory suit praying for declaration that the said property is owned by you four and not by the intruder. At the same time you can also file a petition u/o 39 r 1 & 2 praying for an order restraining the other side to enter in to your land.
- Since you are the joint owner of the property , then legally you have right to approach the court for evicting the person who is using the same without getting your consent.
- Further, if others are not ready for the same , then you can send a legal notice for partition of the property .
- Further, if no response then file a partition and injunction suit before the court .
- You cannot loose your land being the joint owner of the property , but if you all will not evict that person from the land , then he can file a declaration suit before the curt on the ground adverse possession;.
Dear client,
It is necessary to get the consent of all 4 members for obtaining a stay order. However, if this does not work out, you can try for a partition and ask for a stay order on the basis of your interest in the property.
Thank you
