Relief for permanent injection
siri
(Querist) 14 October 2011
This query is : Resolved
I am owner of residential vacant land(2no's i.e 23o sq yds in which semi hut was built for buffalos , 200sq yds hut was built and is given rent) which is in my enjoyment but not in possession & now my neighbor trying to occupy & disturbing by Title for last 3 months though he has no title in these 2 lands. Now I decided to suit in court for relief of permanent injuction on defendant. But problem arise here only i.e Actually
I also have some defect in my title for these 2 land but till now there is no dispute and i had proof of my title like gift deed registeration in year 2007 for 1st property & 20ll for 2nd property in my name which it was gifted by my husband and also municipal tax was paid by me for last 4 years.
The problem is total of 1acre of land my father in law & his 2 brothers wrote their share in plain paper in year 1979 after that share that was obtained for my father in law is again divide to my husband ,brother in law and father in law in year 1995 which was written in plain paper.except my husband & father in law remainning all were sold their properties.Now my husband has no good relation with remaining members including his brother & his father.
Because of this problem i.e we have no registered old link documents for last my husband father days ,now with my gift registered documents(year 2007,2011) i am afraid to suit in court on my neigh bour though i am owner with out dispute & my neighbour did not have any title on my property.
1)so experts plz give legal opinion how I suit for relief of permanent injuction on my neighbour
2)If once suit is injected in court and defendant doesnot appears what ever reason then how can I pray in court for EXPARTE decree on my favour for relief of permanent injection from my neighbour.It is possible for me for relief of permanent injection though court decree in my case
prabhakar singh
(Expert) 14 October 2011
IS IT POSSIBLE FOR YOU TO ATTACH THOSE TWO PAPERS OF 1979 AND 1995 FOR MY EXAMINATION
BECAUSE IF THEY ARE DRAFTED AS PARTITION DEED THEN THEY ARE NOT VALID BUT IF THEY ARE DRAFTED AS MEMORANDUM OF A PARTITION ALREADY ORALLY TAKEN PLACE BETWEEN PARTIES THEN THEY ARE VALID EVEN BEING ON A PLAIN PAPER.
siri
(Querist) 15 October 2011
sir, Those paperes are drafted as partition deed in language of telugu & it is hand writing only. with above ur reply,can I do like this as remaining family members have no land there i.e they have sold and my neighbour didnot know what type of link documents we have,So CAN I proceed suit against defendant(neighbour) in court by drafting now in form of MEMORANDUM OF A PARTITION ALREADY ORALLY TAKEN PLACE BETWEEN PARTIES in year 1979 & year 1995.Don't be mis understand me sir,actually my neighbour had any title or share in my property and i am the real owner of that 2 land and moreover neighbour didnot have any proof also.
My plan is 1) if once I suit against him for relief of permanent injection,he or any other person may not come to my property in future but any circumstances if defendant not present in court after my suit,at that time whether I have chance to pray in court for permanent EXPARTE decree on my favour for relief of permanent injection from my neighbour.Is it correct
2)Is this permanent relief order in my favour can becomes strong evidence of my title.Is it correct
3)is it possible whether the court proceedings is only in b/w my neighbour & me without involving my husband brother and father inlaw because till now they didnot dispute my share but they are not ready to cooperate with me now due to family problems.In this situation tell me how can i suit against defendant after drafting of Memorandum of oral partition deed so that only me & my neighbour should involve in this court proceedings because my neighbour did not have any proof of title in my property and he doesnot know my family members & more over defendant doesnot know how we distributed our property.
Swathi S Bhat
(Expert) 15 October 2011
Madam,
Now tell me who is in possession of your property?
Govind
(Expert) 16 October 2011
As u say court proceeding b/w u and u'r neighbour then why u shows the partition deed just claim as owner of property as u hold it from gift whose title u'r husband legally found in family settlement.
siri
(Querist) 17 October 2011
Now at present 2 lands are in my possession & enjoyment only
