Land lease to till
prakash
(Querist) 04 June 2013
This query is : Resolved
Dear sir
my father has filed a partition suite,the case is in the court,my father has 3 brothers ,the big brother mr Hanumapp,Ramappa and nagappa my father Hunumappa is living with my father past from 50yrs,mr Nagappa so far given the land for lease every yr wihout permession of Ramappa&Hunumappa,even the 6 acers land is in the name of Hunumappa the owner by giving the threat.
NOW MY QUERY IS MR HUMUMAPPA IS GIVING THE LAND TO LEASE FOR 6 MONTHS UNTIL UNLESS THE COURT GIVES FINAL DCESSION,WHAT LEAGLE DOCUMENTS SHOULD HUNUMAPPA,GET FROM THE LAWYER,SHALL WE FILE A COMPLENT BEFORE GIVING THE LAND TO LEASE,WHAT IF NAGAPPA COMES AND STOPS TO TILL THE LAND,KINDLY ADVISE.
REGARDS
PRAKASH
Adv Archana Deshmukh
(Expert) 05 June 2013
If it is the joint family property and a suit for partition is pending, the land cannot be given on lease without the consent of others.
prakash
(Querist) 06 June 2013
Dear madam
Mr nagappa and his sons r already given for a lease for 2yrs from 2days back we came to know what steps can we take to stop to till the land,without the permission of Hunamappa&ramappa,even though Hunamappa is owner of the land,kindly advise.
regards
prakash
M V Gupta
(Expert) 06 June 2013
File an IA in the partition suit and obtain injunction orders against Hanumappa and the lessee from cultivating the land during the pendency of the suit.
prakash
(Querist) 17 July 2013
dear sir
the above said case,nor my lawyer field IA to obtain injunction order,its already 1yr 4months in the court,the lessee is enjoying.shall we give police compliment against lessee .kindly suggest.
regards
prakash
M V Gupta
(Expert) 17 July 2013
Police may not entertain ur complaint on the ground that it is a civil case. I do not know why u did not instruct ur Advocate to move an IA for injunction as already suggested one month ago. Request ur Advocate to act immediately without delay, as delay may defeat your application for injunction.
prakash
(Querist) 18 July 2013
Respected Gupta sir
from the beginning i requested so many times to get injunction order,or to stop till the land,my lawyers says it will be done,the same answer he will when ever i raises this question,in advance i paid the lawyers fees sir,my lawyer is very good sir,and fast.
M V Gupta
(Expert) 18 July 2013
you may have to closely pursue the issue with ur lawyer. Nothing more to add on this issue here.
