Land dispute

Question

► I need urgent stay order on ancestral land in village Peethampuri, Tehsil Neem Ka Thana, District Sikar, Rajasthan. My uncle Mulchand Sharma fraudulently transferred our ancestral land Khata 876, Khasra 1718, 1719, 1719/5187 (2.32 hectare) solely in his name in 2018 by hiding my father Sanwarmal Sharma's 1/2 share which is clearly recorded in government Jamabandi Khata 1407. My father died in 2017. After Mulchand's death in 2023, his 6 children further transferred entire land in their names via mutation 2548 dated 22/05/2024. I am the sole legal heir of my father. I live in Kolkata and cannot come physically. I need urgent stay order to stop any sale or transfer of this land, and a lawyer who can handle my case in Civil Court Sikar through Vakalatnama. All documents available including death certificate, Aadhar card, both Jamabandi copies, police complaint RJ565038072600010 and CM Helpline grievance 082607828173302. Please help urgently. Mukesh Sharma

Answer 1

Dear Client,

Because Civil Courts cannot hear agricultural land disputes, your advocate must file a suit for Declaration (Section 88) and Partition (Section 53) before the SDO Court in Neem Ka Thana under the Rajasthan Tenancy Act. To halt any sale of Khasra 1718, 1719, and 1719/5187, file an urgent stay application under Section 212. Simultaneously, appeal fraudulent Mutation 2548 under Section 75/76 of the Rajasthan Land Revenue Act.

Moreover, you do not need to travel from Kolkata. Print, sign, and notarize the Vakalatnama and suit sent by your advocate, then post them back along with your land records and death certificates. Once the SDO grants the stay, submit it immediately to the local Tehsildar and Patwari to freeze the land registry.

I hope this answer helps, if you have any other query kindly do not hesitate to contact us. Thank-you.

Answer 2

Dear Client,

I understand your legal query, based on your legal issue I suggest that you have every right to claim what is rightfully yours. You can file a suit in Rajasthan without being physically present there by filling for Declaration and Permanent Injunction along with the application under Order 39 Rule 1 and 2 of The Civil Procedure Code,1908 which will create the stay order or you can also file a suit under any relevant Tenancy Act in Rajasthan

If you require detailed legal advice, discussion of your documents, or guidance regarding the further legal course of action, you may opt for a one-to-one consultation.

OLQ LAW FIRM

Answer 3

Dear Sir,

Yes. On the facts you have given, you appear to have a strong basis for seeking immediate interim protection, but the important point is that the relief should be sought through a properly framed civil suit for declaration of your 1/2 share/title, cancellation/invalidation of the subsequent mutation/entries to the extent they affect your share, partition/separate possession if required, and permanent injunction, together with an urgent application under Order XXXIX Rules 1 & 2 read with Section 151 CPC.

Your physical presence in Kolkata should not prevent filing

You do not necessarily have to travel to Rajasthan merely to institute the case.

A Rajasthan advocate can be appointed through a Vakalatnama. The case can also make extensive use of electronic filing and video-conferencing facilities. Rajasthan district courts have had e-filing functionality, and the official e-Committee states that e-filing is available for Rajasthan District Courts

Land dispute

3 Answers

Your physical presence in Kolkata should not prevent filing