Property Issue Suggestion

2 years ago

To start with there's a property in name of 2 parties, one consist of me & my brother i.e Party A and other is my 2 cousin i.e Party B ,We had a mutual family partition in which Party B holds 25% the land just adjacent (basically front side of the land) and the remaining 75% (back of the land) is divided with both the parties with equal share, No different Khasra no. is allotted to any party.75% of the land was supposed to be sold off after a while as no party was interested to take that during partition.
Now Party B started to construct a warehouse at the remaining portion of the land with is connecting to their 25% land which they own on road side, leaving behind half of the land on the back side.
In registry no portion is allotted to anyone and that land is still owned by both the parties.
I belong to to PARTY A , What legal Proceedings should i start with, kindly suggest.

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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Aap civil court me injunction case filed kar sakte hai. Or sath me partition relief bhi mang sakte ho.

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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Get property entered in your individual names and then fight.

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Anik

Responded 2 years ago

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A.Hi,
A land that is not connected to a road greatly depreciates their value. Therefore you have two options available, you may file a complaint with the revenue inspector of your area to ascertain the demarcations of your land and further instruct how to connect to the road. Or you can file a suit before the civil judge's court for injuncting construction of Party B.
If you find my answer helpful then kindly rate me.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Since the property has not been divided through the construction of boundaries, I suggest that you file for an interim injunction on the construction of warehouse by Party B since that would be greatly depreciate the value of the land because of no connection with the road.
If you find my answer helpful then kindly rate me.

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It is necessary on your part to give immediate legal notice to the Party B to stop construction because in respect of that remaining 75% land area there is no demarcation of division of land by and between the Party A and Party B so it is necessary to give legal notice to Party B either to purchase Party A' s undivided share therein or Party A has to file for demarcation of their land through Partition before the Civil Court taking injunction at the first instance to stop construction as well as to maintain status quo.

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