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prasanth (RM)     01 January 2012

Family property suit

hello sir,

my name is  jyothi.

we have a house that house is in my mothers name. she died in 1996. we are three members to my mom.

we had got a small disputes in the family and filed a suit in that i and my father are the plaintiffs and my sister and my brother are the defendants. we filed a suit in 1999. the case is in court now also. in this mean while my dad died on august 2011. after some days we got compramise  and we writtened a partion deed and we have gifted to our life partners and we have registered the house in register office. now we had kept that house for sale.

but in this mean while in 1997 my dad got married to another one. now she is staying in that house and she is trying to approach the court for ad-interim injectiong order and she had submitted fake will . in that will she had mentioned that she has the right in that house of 50%.

but we are willing to give her 30% . actually she dont have a right in that, why means its my mother property which she had got it from her father. she is not listening to us and she had filed that we are harrasing her.

so now we want that how to make her to vacate the house and how to proceed  in the court of law and how to stop the ad-interim injection ....so  please kindly help us and give us your valuable suggstions



Learning

 3 Replies

sridhar pasumarthy (ADVOCATE)     01 January 2012

Dear Jyothi,

U are correct in stating that ur father's second wife has no right in the property left by ur mother.  As per section 15(1) of Hindu Succession Act, only the husband and children are her legal heirs.  In the absense of ur father, the children are only entitled to take each one share.

File a civil suit for possession naming her as a trespasser and also file a criminal complaint for house trespass rather than defending the injunction petition.  Generally, court favours a person in possession in granting injunction though possession is in the nature of a trespass.

prasanth (RM)     02 January 2012

hello sir,

thank you for ur suggestion and for ur response. in ur suggstion you have mentioned that to file a trespass criminal case, but in that house she is staying from past 9years. so how can we claim that she is a trespasser. and we came to know that if anybody request for a ad-interim injection with in that day only they can get the order.  by this detail how can we stop that ad-interim injection order and how to proceed in the court of law. so please help us.......

prasanth (RM)     02 January 2012

hello sir,

another thing i want to know, that is after my fathers death also she is enjoying the property and whtever the rents are coming she is only having it. for house she is getting 4000rs and for shop also 4000rs. all these she is enjoying, is there a chance to get all those rents to me and my brother and sister. how can we get that. in her petition she had mentioned that she had right for 50% the house is 2 floor building . is it possible to occupy one floor wht can we do for that.[ls reply us and help us..........


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