Property/Plot dispute for Road subjudice  injunction Property/Plot dispute for Road subjudice injunction

3 years ago

Case detail- We buyed three continuous adjacent plot in year 1980 and made our home in these three plots, in front of these three plots 27 feet land parcel was lying vacant in which we were having 20 feet of land as the road to go out from our plots as per our contract registry. Remaining 7 feet belongs to seller.
One of the government agency put the Court case against seller saying that the he has sold them nearby land long time back but the seller has frauded them as he reselled some of the land plots to others and they didn’t have full land parcel.
Now they got stay on every property of seller which is unsold or unclaimed, including these 27 feet plot.
Note: Our registry contract with the same seller was before the government agency contract. But we didn’t gone to the court till now.
Questions- Now I want suggestions that what I need to do
1. Either we can wait for government agency and seller Court case settled or resolved and then put our registry contract in front of the Court.
2. Or we put our case immediately Infront of the court.
3. If we also want to enter the Court case right now then what we need to do, and on which ground we can put our matter to this case in the Court so that the stay from 20 feet land comes in our favour
4. What will happen if we will put our case in front of Court after government agency and seller Court case resolved after some years.
5. Whether we need to put Court case for our side of stay order in the plot so that other two parties cannot sell or do any activity in the 20 feet plot.
6. Or we need to put case for lifting the stay order so that we can make our road as per our registry contract.
7. Is there any other way to get our plot for road?
8. Any other suggestions you want to give us any other facts you want to know kindly inform me.

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
You may discuss the issue in person by sharing all the documents otherwise you may be misled.

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Anik

Responded 3 years ago

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A.Hi,
you should file the case, but at first you should send a legal notice to both the parties i.e. the government agency and the seller, seeking injunction. Also, case usually solves in certain years, and if the case is settled mutually, you can add your court fee in the amount.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hello,
You should proceed with the case and at first, you should send a legal notice to both the government agency and the seller, and pray for injunction. Also, case tends to solve in certain years, if it is solved mutually than you can include your court fee in the Settlement amount.
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Jagannath S Pawar

Responded 3 years ago

A.Without prejudice and without preusal of documents, advice given herein is not foolproof/final and given in only directory or assistance nature. Firstly, you should immediately intervene in the matter and put forth your version along with all documents before the concerned Court through a good Lawyer. Alternatively, you can also take out interim relief by the way of order to maintain status quo, or lifting of stay. You can intervene in the matter being one of the rights and stake holder in the disputed property and in interest of preserving those rights and interests.
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