Your father has to lodge a criminal complaint against him for obstructing him from cultivating his land and for other crimninal acts after which he can file a suit for permanent injunction to restrain him from interfering in his peaceful possession and enjoyment of his property.
Causing obstruction in doing agriculture farming on my father own land
My uncle (brother of my father) is obstructing farming in the land which is in possession of my father. The said land is in the name of my father. What can I do?
Asked 10 months ago in Criminal Law
Religion: Hindu
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10 Answers
File police complaint against uncle for criminal intimidation under section 506 of IPC
you can also obtain court orders restraining uncle from disturbing your possession of land
My uncle & his son is physically strong and my father along with my mother resides at home. Since I am employed as a Defence Civilian and I am living in another state due to employment. My fear is that he can harm my family. How can I safeguard my family while entering into litigation?
Asked 10 months ago
Inform the local Police in writing.
At first file case under section 144 crpc.
If it does not work then file civil suit for declaration and injunction.
Install CCT V cameras in your land
2) employ some security guards for protection of your property
- It is not clear whether the property is ancestral or self acquired.
- If the property is ancestral that is coming from grandfather or other ancestors, they have share in the property and can join in farming.
- If the property is self acquired, submit an application to Dist. Collector stating the facts and your apprehensions about breach of peace by uncle and his family. Collector will bind them not to cause any breach of peace under Section 107 with undertaking from them. You can route your application through your hod as you are a defense employee.
- You can also complaint to local police if there is any intimidation from them. It is better to approach police first in view your apprehensions.
- Since, your father is the owner of than land , then his brother having no right to obstruct and trespass in that property.
- Your father can lodge a complaint before the police and higher official in writing for the offence of trespass and threatening.
- Further, if no action then file this complaint before the judicial magistrate for lodging an FIR
- Further, he can also file a suit for Injunction before the civil judge to restrained the uncle to obstruct in farming.
Youtr father should lodge a criminal complaint against your uncle and his henchmen for obstrufting and trespassing your father's property.
If the local police is not taking any proper action he can approach the higher police officer.
Since you are working in a defence establishment outside your town, you can request your commanding officer to forward your request for suitable action against them and to protect your father from them to the District superintendent of police under your Commanding officer's letter head, which will also be very effective to handle this situation
Dear sir/Ma'am
As a priority, you may file a police complaint in writing asap about the issue at the local jurisdiction station officer and register your compliant. You can ask your parents to visit the station or you can write a complaint and do it online via email with supporting documents of ownership of the property.
Based on the police approach and way ahead, you may decide to take up litigation. You can also get issued a legal notice and send them legal warning before filing any case as court cases are tedious and may take away many years. Sometimes a strong legal notice with warnings and consequences work as immediate solution.
I could have discussed in detail, had I know more details. I would be at your service if you need any assistance.
Warm regards and wishing you a Good luck.
Dear Client,
Document everything: Gather evidence about land ownership, previous employment, and any threats your family faces.
Trust: Consider obtaining a restraining order against your uncle and his child. This legally prohibits them from coming near your family or your land.
Police Complaints: In the event of threats or acts of violence, a police complaint should be filed immediately. Scriptures and witnesses.
Property Documents:
Title Verification: Verify that the land title is in your father’s name. Obtain land records and certified title deeds.
Boundary Marking: Clearly mark land boundaries. Install boundary markers or fences to prevent access.
Civil Court: File a civil action for a declaration of title and ownership. Ask for an injunction to prevent your uncle from interfering with your farming activities.
Gathering Evidence: Gather evidence that supports your father’s ownership, such as farm records, utility bills, and affidavits from neighbours.
Choose credible witnesses who can testify about your family’s ongoing ownership.
Security measures: Install appropriate cameras, alarms and lighting around your home and grounds.
Emergency contacts: Share emergency contact information with your family members. Notify local authorities of the situation.
Keep your eyes open. Check your family’s well-being regularly. Encourage them to report any suspicious activity immediately.
Financial Preparation:
Emergency Funds: Set aside funds for legal expenses and unforeseen emergencies.
Insurance: Make sure your family members are insured
Obtain injunction order from court and protection order from High Court..
