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Mohan (Partner)     25 January 2011

Injunction Order

Sirs,

Will be most thankful if some expert can suggest the procedure on below please:-

 

I have purchased a piece of patta wet land in Nov 2009 with my hard earned money after verification of entire set of documents. Also, I have checked the authenticity of the documents from the year 1960. Immediately after the purchase, I have fenced the property and secured the possession. Before ten days, there was a board planted by some X in our property stating the subject survey number is under court trial and no dealings should be entertained still the court order's.

I was surprised and immediately removed the board from the property. Now, after my enquiry, I understood the below:-

1) property belongs to Mr.A from 1960, Mr.A died in 1995 and his wife died on 1999. Mr.A, has 2 daughters with  2  and 4 children each. We have included all of them in our sale deed and purchased the land.

2) Mr.A has 4 younger brothers and 1 younger sister... Out of which 3 brothers and 1 sister are alive still.

3) Now, the problem is created by Mr.B and his heirs, one of the brother of Mr.A,

4) Mr.B and his heirs have filed a civil suit against Mr.A's legal heirs including my piece of land for share of their partition in DEC 2010. Their claim is that, it is a property purchased by the money earned by Mr.A and his siblings. In support of this they have not produced any documents before court also i understood they are not in posession of any valid documents to proove it is a joint family or for their joint earnings. Also, Mr.B had sent the court notice only to the legal heirs of Mr.A and they have not included my name anywhere and they have also hided that the property was sold in 2009 from the court. Also, there are bunch of false allegations against Mr.A

5) Now, under the given circumstances, can i proceed for INJUNCTION ORDER from the local jurisdiction against all the siblings and their legal heirs of Mr.A...

6) How far my interests are saved by such an Injunction order?

Please comment on this, which is a vital input for me.



Learning

 1 Replies

Shailendra prasad singh (Lawyer)     26 January 2011

if u party in that suit u can file a injunction petition and get status-qua .


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