Protection of property
Adv Vikramsinh Mohite
(Querist) 22 December 2012
This query is : Resolved
Hon'ble Experts,
Please guide me as to how to protect my agricultural land under following circumstances:
1. In Sept 1999, our family property was partitioned between us (four families)through the compromise decree of court.
2. We all were given possessions and were cultivating our own lands.
3. However, the decree was not mutated in 7/12 due to opposition from 2 of our uncles.
4. For the last 10 years, as per mutual understanding,our land is being cultivated by one of our uncles on sharing basis.
5. When we asked him to vacate the land and give back us its possession, he refused.
6. We have sent him notice to leave the land and not to till it further.
7. He is saying since there is no 7/12, you have no any right. He has intention of grabbing the land.
Kindly advise me as to
1. how to get prevent my uncle from cultivating the land?
2. will police help us on the basis of decree of court only since there is no 7/12?
3. What further action should I take?
Thanks
adv. rajeev ( rajoo )
(Expert) 22 December 2012
File an execution petition if you have final decree and in that execution petition you can sought for police help.
Adv Vikramsinh Mohite
(Querist) 22 December 2012
The decree was passed 13 years back. However we were given possessions at that time. So then, can't I claim decree is already executed.
Because if go for execution now, it is time barred. Can't police help on the basis of court decree.
ajay sethi
(Expert) 22 December 2012
move court for an injunction restraining your uncle from cultivating the land . take the plea that 4 faimilies have acted on decree and taken posession of land . that land given to unlce for cultivation
Adv Vikramsinh Mohite
(Querist) 25 December 2012
Respected Sir,
Can't the police give protection on the basis of decree? Because the court proceedings will take longer time to get possession.
Adv Vikramsinh Mohite
(Querist) 26 January 2013
Can't the police give protection on the basis of decree because the court proceedings will take longer time.
