Prajwal banglore (Other ) 24 May 2024

Taking my enjoyment possession in joint property

In record 4 people has land seperately of 1 acre each .

Podi is not done, survey also not done so other 3 person not even know how much land they are using.

I have calculated acres in my enjoyment land it's of same as in record.

I am growing areca from past 7 years and crop entry is there on record from past 7 years.

Now other person are trying to take my land by doing roudism.

I contacted lawers few are saying I can't take injunction in joint property. Yeah few are saying we can take.

Is it really possible to get injunction in joint property?

In front of my name the crop is areca from past 7 years and in the land it's same crop while others are having another crops where mine is different than others.

How can I claim my enjoyment possession and how can I do seperate record for my land ?

I have proof of crop entry on record from 7 years is that valid to win the case and claim my enjoyment?

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 24 May 2024

If it is a jointly owned property you have to file a suit for partition and separate possession of your share in the property which is now in your possession and enjoyment.

You can file an application for temporary injunction against the intruders restraining them from interfering with your possession and enjoyment till the disposal of maintenance suit

Prajwal banglore (Other ) 24 May 2024

Other 3 people are not sure how much they are using. If I filed partition and separate possession it doesn't create issue im in middle right?

I'm in between them I can take my 1 acre in current enjoyment location itself right?

I can't move from current enjoyment even if other 3 are having some difference in land measurement.

I don't want extra I need my right that's 1 acre in current enjoyment.

If I filed partition and separate possession should court appoint someone to survey our land basis on enjoyment?

Can't we take permanent injunction on joint property only for my land?

T. Kalaiselvan, Advocate (Advocate) 24 May 2024

If you are having evidence by a registered title document to prove that the property you currently enjoy belongs absolutely to you alone, then you can file a suit for permanent injunction.

How did you acquire the property which is under your possession and enjoyment so far?

If it is an inherited property and had been in enjoyment of all the cosharers jointly as it is then it will not be possible to continue to remain joint possession without partition by metes and bounds and by good and bad soil.

Therefore you may decide after ascertaining the facts and obtaining a proper legal opinion from an experienced lawyer in the local and proceed as suggested

Prajwal banglore (Other ) 21 November 2024

It's been sanctioned to my parents and I'm holding the possession. I'm owner using land in between co owners .I don't have any brother and sister.

In my RTC crop entered is different from co owners crop and I have claimed government scheme for growing areca nut they did gps photo on my possession location.

I don't share any blood relation with co owners. I'm having the possession that's equivalent of the area mentioned on RTC.

I'm seeking to injunction between co owners against threatening activities and I'm looking to make records and podi to my possession in a legal way.