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Raja (Project Manager)     06 December 2024

Injuction on agriculture land

Hi 

My fathers agriculture land has been looked after by his own brother for around 30+ years now. We do not want him to look after the property anymore. Since we are far away from the property can we get an injuction order so that no cultivation is done by the agriculture land by fathers brother or anyone else?

Thank you

Rajendra



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     06 December 2024

Do you have any lease agreement with him to cultivate the land for all these 30 years, if not how is doing it all these years?

He may claim title by adverse possession on the basis of cultivation records of three decades.

You may consult a local lawyer with details and papers and proceed as suggested.

Anshu Sharma (LAWFINITY SOLUTI   06 December 2024

Hi Rajendra,

You can file for an injunction to prevent your father's brother from cultivating the agricultural land. However, to ensure proper legal action, you may need to prove your right over the property and establish grounds for stopping the cultivation. An injunction order can be sought from the court, but the process requires proper documentation and legal procedures to be followed.

Since property disputes can be complex, especially when dealing with long-term caretakers, it would be best to consult with a lawyer who can guide you through the process and ensure your interests are protected.

Feel free to reach out to me at anshu@lawfinitysolutions.com for further assistance.

Raja (Project Manager)     06 December 2024

Sir

 There was no agreement. Since he is a brother it was let out on trust. All cultivtion records are in my fathers name only. As per my understanding this is permissive possession and not adverse since its within brothers 

Thank you

T. Kalaiselvan, Advocate (Advocate)     06 December 2024

You can first talk to him and ask him to deliver possession, if required you can agree to compensate reasonably for handing over the property without any problem.

If he's not agreeing then you can plan to file a suit for ejectment to eject him from the property and for recovery of possession.

Raja (Project Manager)     06 December 2024

Thank you Sir

T. Kalaiselvan, Advocate (Advocate)     10 December 2024

You are welcome Mr. Raja.......


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