Shivam 26 August 2016

Harrasment of senior citizen - please advise

Dear All,

We are four brother and two sisters, two brother are already died. Elder brother died in yr 2010 and he was living separately since after one month of his marriage. Her wife file a civil suit to get the share in our ancestral property. Our mother who is 85yr old is still alive. My Bhabhi filed a two judgments with her civil suit which are mention below to get the stay so that we cannot do any construction or renovation in the said house. Our house is constructed in year 1929 and my mother is living in it.

Judgments filed

1.Joginder vs suresh kumar

RSA No. 516/2003 Dtd 24.2.2015, P&H High Court

2. Sukhwant Singh Vs Garja Singh

CR No. 4570 & CR No. 4581 of 2013. P&H High Court

I need Supreme court judgments so that Petitioner do not get the stay since house is very old and it need repairing in alternate days. My mother told that i want to die in the said house only since its her matrimonial home.

Dear Experts - Please help me with the way forward.

Thanks in advance.

Reply Follow

4 Replies

Shivam 26 August 2016

Dear Mr. Singh,

This is not the case. We have already ask petitioner regardign her demands which is not legitimate and she is not ready to close this matter with the mutual consent.

Anyway thanks for your response.

Kumar Doab (FIN) 26 August 2016

It is believed that you are Hindu.

1. If and only if your brother had share in the said house that share shall devolve upon his ClassI legal heirs; Mother, Wife, sons and daughters.

They can claim their share.

2. If your brother had NO share in the said house and it is alos not matrimonial home for her wif then how can she claim any right in it.

Contest the case on merits thru a very able counsel specializing in family/civil matters.

If you are reasonable man settle amicably by registered family agreement and then there shall be no litigations in future.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 27 August 2016

Even if the said plaintiff has a share in the said household, she cannot claim a blanket injunction. The injunctioon shall be granted to her only in special circumstances which are very hard to prove. There are numerous judgements to establish the same.

Augustine Chatterjee

Advocate & Solicitor at Law

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