Perpetual injunction
Gaurav Garg
(Querist) 06 August 2021
This query is : Resolved
Dear Sir/ Madam,
I am a co-owner of agriculture land with 50% undivided share in land at village Ravani, Tehsil- Sikandrabad, District- Bulandshahr. The co-owner is in the process of selling his undivided share of land in the open market without my discretion.
What is the procedure to safeguard my interest in taking the possession of my share of land.
What are the steps for taking perpetual injunction over the further sale transaction upon said land.
Regards
Gaurav Garg
Dr J C Vashista
(Expert) 07 August 2021
File a suit for permanent and mandatory injunction through a local prudent lawyer against the co-owner/ defendant restraining him/ her from creating third party interest in the property .
Advocate Bhartesh goyal
(Expert) 07 August 2021
Yes, your co owner can not legally handover his 50% undivided share to third party. you have to seek injunction and have to get restrained your co owner for creating third party interest.
Shashikant V. Patil
(Expert) 07 August 2021
If it is undivided till now, then get it measured by Govt Dept of the said agricultural land and make a demarcation of both owner's land separately. Even though if you go to court also land remains undivided. So first do partition amongst you both land will be better.
kavksatyanarayana
(Expert) 07 August 2021
If your co-owner can sell his 1/2 share of undivided land to others, the Sub Registrar has no objection to register it. First, through a lawyer, issue a public notice through the largest circulated daily newspaper of your state. Then the lawyer will file a case for injunctions orders. Try for an amicable settlement. The court case will take some more time.
Dr J C Vashista
(Expert) 08 August 2021
The vendor (seller) has to specify boundary of the specific portion of property in the sale deed document and handing over its physical possession i.e., in North, South, East & West of the subject portion, which is not possible for an undivided property.
P. Venu
(Expert) 11 August 2021
Better option is in seeking partition of the property.
