Kootu patta and community domination
Balasundaram R
(Querist) 17 October 2013
This query is : Resolved
Sir,
My wife's grandfather bought a land (Survey NO.29) with 7 members with kootu patta and registered in his son's name. He expired without telling us this details. Now we have discovered this.We have document from 1959 and kootu paata. Total area is 1.98 Acres and we have .66 cents in this land.
Already 2 members have got individual patta and divided the land without any information to other 5 members. One person .92 cent and other .5 cent. Now we came to know this.
In the center of the land there is Survey number 30 which is used as burial ground for muslims.
Now they have buried bodies in patta land also. We fenced our area. The next day muslims came and argued with us stating we have blocked their way to burial ground. But we never did that and explained them they have clear passage. They then requested us to take one side of the fence and agreed to sit on discussion with Village chief so that we can produce our documents and they will produce their documents as one of the muslim member is among the 5 persons.
But the next day all of them joined together and removed all the fences without our knowledge and they are refusing to show their documents and they are saying they are planning to build mosque in that place and threatening us. Few members came to beat us.
I kindly request the experts to give their valuable suggestions.
Devajyoti Barman
(Expert) 17 October 2013
Immediately file as suit for declaration and injunction.
Balasundaram R
(Querist) 17 October 2013
Thanks for the speedy reply sir,will do the same and reply you sir.
Balasundaram R
(Querist) 17 October 2013
Sir,
The opponent party are planning to get a caveat. Can they get that even though they don't have any documents in favor of them. Also can we also file a caveat or we should apply only for Suit for declaration and injunction. Sorry for my ignorance.
prabhakar singh
(Expert) 17 October 2013
When there is dispute between two parties and one of them apprehend that other would file a suit against them praying interim relief,then such party can file a CAVEAT praying court to inform them and afford hearing before passing any order against them.The life of such CAVEAT is 90 days.
A party filing caveat does not require to file any primafacie proof or document about the property expected to be in dispute.
IN the Circumstances stated by you,file the suit of declaration of title and injunction under order 1 rule 8 of the Civil Procedure Code against the whole of the muslim community of the village as their threat is to raise mosque which would be for all of muslims of the locality.
You do not need to file any caveat.
Visit a Civil law seasoned practitioner.
Rajendra K Goyal
(Expert) 22 October 2013
Agree with the expert prabhakar singh ji. Contact a local senior lawyer.
