I am from Tamilnadu. we have 3 acre agriculture land , we have a common well and pump set for irrigation. Fifty percent (50%) share for me and my uncle in the common well , 5hp electrical service and pump-set is . Due to some other issue between us , my uncle cannot allow us to switch on the pump-set for irrigation purpose. He also not using the pump set and electrical service service. He brought the fuse career himself to prevent us to use electrical service and pump-set But, he has his own electrical service and bore well for his irrigation. we don't have anything like that . we are not financially well to dig separate bore well and get new electrical connections . when go to police station , they told they cannot do anything for this one because it is a civil dispute . we have to use the common well for our irrigation , our coconut trees are not having irrigation for past two months . may i know the remedy for this issue
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issue legal notice to uncle to permit you to use pump set for irrigation purposes as you have 50 per cent share in well etc
2) if he refuses obtain court orders to direct uncle to permit you to do so .
3) file partition suit for division of land by metes and bounds
These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. My team is dealing with various such cases. All legal action can only be taken once legal notice through Advocate has been served upon the entity or individual you wish to take to court. It is this process that legalises bringing a matter to court. The intimation sent is known as a legal draft. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party to heel, and the problem is often resolved out of court, well before it goes to trial, with fruitful discussions on both sides.
However, if the other party is still unheeding the grievance, one can always start the court proceedings after the prescribed interval as stated by law. The bottom line is that legal notice can serve as a point of reference to embark upon negotiations between two parties and save both the time, effort, and money that is usually spent in court cases.
Police would not interfere in such matters. Detailed discussion is required in such cases.
You may contact my secretary to connect with me for clarification.
Gopal Verma
Advocate on Record & Amicus Curiae
Supreme Court of India
You may have to file a suit for permanent injunction and for easement rights for restraining him from preventing you from using the well water for easement rights by necessity.
how many days required to get permanent injunction order? whether injection order will be given after informing opponent or without informing him we can get permanent injection
Notice has to be issued to uncle after considering his reply court would pass temporary injunction order
It is a regular suit,
The time taken for disposal of suit cannot be predicted owing to various factors involved in it.
Without the participation of the opposite party the court cannot pass any decision against the opposite party
- Since, you the said well is for common use being the 50% share , then your uncle cannot disallow you to use the water of the well and which is necessary for the planation.
- You can send him a legal notice for getting the same , and if no positive response, then file an Injunction suit before the court .
- You can mention before the court on the first hearing that the tress can be destroyed due to lack of water, and there is chances that the court will pass interim order even on the first hearing in the absence of other parties.
- However, court will pass its final order in the presence of both the parties.
To resolve the issue, you may consider taking legal action by filing a civil lawsuit seeking a permanent injunction. A permanent injunction is a court order that prohibits a party from doing a specific act or compels them to perform a specific act. In your case, it could be to prevent your uncle from interfering with your access to and use of the common well and pump-set.
The time required to obtain a permanent injunction order can vary depending on various factors, such as the court's caseload and the complexity of the case. It typically involves several stages, including filing the lawsuit, serving notice to the other party, presenting evidence, and attending court hearings. It is advisable to consult with a lawyer who specializes in property or civil law to guide you through the legal process and provide more accurate information about the timeline.
Regarding the opponent's notification, typically, in legal proceedings, both parties are given an opportunity to present their case and respond to the allegations made against them. It is essential to follow the proper legal procedures and ensure that the other party is properly informed and given the chance to participate in the proceedings. Your lawyer can guide you on the appropriate steps to take to inform your uncle about the legal action and the upcoming court hearings.
You can immediately approach the court and take permanent injunction
You can approach the nearby court to get an order to direct him to release water and other remedies.
