follow up question

Querist : Anonymous (Querist) 27 January 2010 This query is : Resolved
I had asked the following question and Mr.Rajiv responded suggesting to go for injuction order.
I have a follow up question.

Can I file a police complaint for forcefully cultivating in my land?

Thank you.
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Hello,

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. Second, I have built a house with my earnings and rented it.

1) He visited the house I had built on my earnings and bothered the tenants and claimed that house belongs to him. I am living in different town. All documents land etc are on my name. What I should do to stop him from entering my home?
2) What is validity period for the caveat?
3) He is planning to forcefully cultivate my land and also physically threatening me. What I should do to stop him from cultivating. I am the owner of the land. How do I have to handle physical threats?
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Raj Kumar Makkad (Expert) 27 January 2010
Apart from filing suit for injunction and obtaining stay order against his entry in the property or threatening the tenants of you, various other actions can also be initiated against him like filing various criminal cases and personally talk to him with the intervention of relatives and social dignitaries.

niranjan (Expert) 27 January 2010
Onc the property is partitioned,it cannot be clubbed now if you do not want.Caveat is valid upto three months.caveat means that if you are going to file the suit against him and ask for injunction,he should be heard before giving you exparte injunction.So far cultivating your land inform the talati not to enter his name in the column of cultivation as he would be trespasser.Better file suit and police complaints as advised above.

Querist : Anonymous (Querist) 28 January 2010
Thanks very much for the expert advise Mr.Raj Kumar and Mr.Niranjan

Warm Regards,

Guest (Expert) 30 January 2010
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