Uncle acquired farm illegally

Querist : Anonymous (Querist) 22 August 2023 This query is : Resolved
My grandfather have 6 acres land in Maharashtra.
My father have 2 brother and 2 sister. All 5 sibling name is on 7/12.
But one of uncle acquired all farm ilegally and not able to enter us in farm.
Can we put stay order on this Farm?

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Sudhir Kumar, Advocate (Expert) 23 August 2023
since when he is in possession. Any litigation?

Querist : Anonymous (Querist) 23 August 2023
last 2 years they have possession.
There was court case going on,one of my uncle and aunt name was not there in 7/12.at at that time there was 3 name on 7/12.
In last year case has disposed and my uncle and aunt name added on 7/12.Now there are 5 name on 7/12.

T. Kalaiselvan, Advocate (Expert) 24 August 2023
If it is a joint possession, then your father can file a suit for partition and seek for separate possession of his rightful share in that property.
He can also file an injunction petition to restrain your uncle to stop you from entering into the farm land till disposal of the main suit

kavksatyanarayana (Expert) 24 August 2023
As it is ancestral property and in joint possession, your father can file a partition suit.

P. Venu (Expert) 30 August 2023
Is your grandfather alive? If so, what is his stand on the issue?

Querist : Anonymous (Querist) 05 September 2023
No.my grandfather dead in 2005

P. Venu (Expert) 05 September 2023
If so, as already suggested, your father has the option to file a suit for partition. Entry in 7/12 records is not conclusive as to title.

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