Ownership of land and article 144

5 years ago

1. I purchased a land Cum shop in 2013.
2. Motation has been done from circle office and Nagar Nigam and receipt has been updated till now.
3. The said shop has given on rent to my father in law 40 years ago and rent has not been given to land lord for last 20 years.
4. My father in law has 2 sons. Both son doing combined business upto 2000. And younger son got government service in 2008. Now Elder son is doing business and I started renovation to the shop with continued business.
5. The paternal property has been decided among them in 2016.
6. My Dever given an application to local police and demanding share of my property by making party to my husband.
7. Police stopped work and SDM imposed 144 and prohibited to go to the said land but actually it is shop.
PLEASE CLARIFY AS PER LAW -
1. My devar has share in my land Cum shop in any circumstances.
2 . I open shop or not as it is livelihood in view of 144 imposed.
3 . Police arrest me from my shop as doing business.

. 4 . Please suggest course of action for fast and early resolution

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ARPIT BATRA

Responded 5 years ago

A.Better to engage a local lawyer for the same.

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Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Client,
The best option for you would be to get a Local Advocate having specialisation in Civil Law
who sort out your matter,
The other option is to get an Advocate through Vidhikarya.com
Shanti Ranjan Behera
Advocate

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ROBERT D ROZARIO

Responded 5 years ago

A.get the prohibitory order vacated by filing an application u/s 144(5) CrPC. Contact a local lawyer from Vidhikarya to move your matter before SDM. Alternatively you can move criminal revisional application in the high court. However, bear in mind, no order arising from 144(2) application remains in force for more than two months. Note: It's most likely that your devar might try to get an ex parte injunction order from a civil court. You should file a caveat both in the Junior and Senior Division of the Civil Court so that no ex parte order is passed in your absence or without giving you an opportunity of being heard.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client if property is parental then of course your brother in law has share in that property. better way to clarify your concern issue kindly contact to legal expert of related matter.

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Madam,
1. My devar has share in my land Cum shop in any circumstances.
Ans: No, you must ask him to go to the Civil Court.
2 . I open shop or not as it is livelihood in view of 144 imposed.
Ans: Immediately you get stay from High Court and open the shop saying your livelihood depends upon it, the high court will understand.
3 . Police arrest me from my shop as doing business.
Ans: If you get stay then there is no question of arrest.
For full procedure contact me on mobile through Vidhikarya.

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Sanjay Kumar Jha

Responded 5 years ago

A.Dear Client,
Any property if not registered, may not be claimed even if you are doing mutation and receipt in your name.
Once the section 144 is applicable you can not do any work there at.
After 2 maths, if this has not been extended then you may do any work , Otherwise, arrest may be done.
You may consult for needful legal action for ur case and situation. Pls. Rate a d put review.

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Rajender Prasad

Responded 5 years ago

A.you have not mentioned full facts of the case. For details, pl. contact some advocate through vidhikarya.com

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Rameshwar Dadhe

Responded 5 years ago

A.If it is father's property then all legal hair having equal rights . For each share

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