Caveat
Querist :
Anonymous
(Querist) 07 March 2010
This query is : Resolved
Follow up question:
1)I own a farm land and my brother is sending Caveat every 3 months / 90 days. He is planning to forcibly cultivate. How many times a person can get Caveat?
2)To go for injuction order,do we have to inform to him? or we can go to court for injuction?
Thank you very.
O. Mahalakshmi
(Expert) 07 March 2010
There is no specific times to get Caveat. You have to inform him before going for injunction order against him.
Querist :
Anonymous
(Querist) 07 March 2010
Thanks. Can I file a police complaint for forcibly entering my land? Thanks
Parveen Kr. Aggarwal
(Expert) 07 March 2010
There is no restriction of number of times for a person to file caveat petition. You have not disclosed what are the contents of the caveat petition, i.e. what he is claiming regarding the property in question in the caveat petition.
If you feel threat of forcible dispossession from him, you must file a suit for injunction. For filing the suit, you need not serve any notice on him before filing the suit but the court will serve notice of suit on him after its institution and before passing any order on application for temporary injunction.
B K Raghavendra Rao
(Expert) 07 March 2010
You need to issue a legal notice in this regard before filing a petition in the civil court. Unless your brother has some right or title or interest over the property owned by you, he cannot venture to forcibly cultivate in your land. You are not coming up with full details. Mere filing of caveate would not prevent you from approaching legal forum appropriately. Tell us the details, you will find some solution.
Srinath Kondapally
(Expert) 07 March 2010
if u send full particulars about the issue we will help u, mail to skondapally666@gmail.com or call S.kondapally adv & secretary, lawclinic,Hyd.,990 8020 994
Querist :
Anonymous
(Querist) 07 March 2010
Thanks to all for the response.
Here is the background.
Thanks in advance for offering the help.
Question(s) : My family owns agriculture land. My father divided the property among himself, my brother, and myself 30 years ago (when we were minor) and made my mother as guardian for me and my brother. My brother is asking me now to combine his and my property and re-divide the property claiming that he and I are joint family. He has got a caveat from the court on the land I got. He had given lawyer notice and said that he will go to court if I don’t agree to divide the property now. But, he is not going to court. Instead, he is extending the caveat and planning to cultivate my land.
Querist :
Anonymous
(Querist) 07 March 2010
Thanks to all for the response.
Here is the background.
Thanks in advance for offering the help.
background: My family owns agriculture land. My father divided the property among himself, my brother, and myself 30 years ago (when we were minor) and made my mother as guardian for me and my brother. My brother is asking me now to combine his and my property and re-divide the property claiming that he and I are joint family. He has got a caveat from the court on the land I got. He had given lawyer notice and said that he will go to court if I don’t agree to divide the property now. But, he is not going to court. Instead, he is extending the caveat and planning to cultivate my land.
Question is - How should I take action if he cultivate my land?
niranjan
(Expert) 07 March 2010
So your father's share remain undivided and if your father is nt alive and your mother is,then that share will be divided accordingly,but your brother does not seem to give any share to your mother and so he is asking to rejoin or he might be willing to better portion of land. Any way you can file the suit for declaration of your share and injunction, or you can file suit for partition and injunction.Do not worry about caveat and proceed to file suit.
Parveen Kr. Aggarwal
(Expert) 07 March 2010
Still you have not disclosed complete facts. It has not been made clear as to how the land was divided 30 years ago, i.e. what document was executed therefor. Presuming that the instrument of partition was duly executed at that time and you have sufficient proof of previous partition then, your brother cannot make any claim with regard to the land coming to your share. If your father is alive then all of you are having your separate shares and the claim of your brother being unfounded cannot sustain in a court of law. However, if your father is not alive and has not executed any will etc. then the share of your father remains undivided and qua that land, your brother may sue for partition.
Querist :
Anonymous
(Querist) 07 March 2010
Hello MR.Praveen and Others
Thanks very much for your time.You helped better understand my options. Thanks again. you have been great help.
Mr.Praveen,
30 years when property was divided,it was registered. Mutation entry shows my name and how I got it. My father is alive and using his property. Same with my brother. But they don't want me to have my property.
Parveen Kr. Aggarwal
(Expert) 08 March 2010
If a partition has already taken place and duly mutated in the revenue records and all of you are having lands separate in ownership and possession then, there is no problem. You are lawful owner in possession of your land. In case you feel threat of interference in your possession, you may institute a suit for injunction restraining them from interfering in your lawful possession as owner of your land.
Querist :
Anonymous
(Querist) 08 March 2010
Thank you Mr.Parveen
