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Rohit   03 November 2016

Injunction suit

Dear Learned Lawyers,

I have a concern that there is a self-aquired property (urban) of Mr. X who died without will leaving 2 sons and 2 daughters. According to Hindu Succession Act, Section 8, the four chidren have equal right of succession in the property as it is self-aquired, urban and death is intestate.

However, the 2 sons are trying to sell the said property under agricultural land saying that then the succession is governed by UPZALR and daughets will have no succession. The sisters contacted a local lawyer who suggested to file an injunction.

(a) Can an urban property be sold as agricultural land?

(b) If we file an injunction then approximately in what duration it will be granted? Is there any minimum notice period served by the court. (The daughters have already served a legal notice twice.)

Thnaks.



Learning

 3 Replies

Ms.Usha Kapoor (CEO)     04 November 2016

Pending Final disposal o fd suit for Permanent injunction Suit the court may grant Temporary injunction or stay of suit till ultimate rights of the parties are decided to the suit properties are decided d by the court.Sisters cam file a suit for partition and allotment of their rights in the suit properties If their mother is alive As class 1 legal heir property goes to their father's widow(mother), male and female children equally. It is self acquired property of the father.If you appreciate this answer please click the thank you button on this forum.

BHARTI KOTHARI (practising advocate)     04 November 2016

You file declaratory suit/ partition with injunction prayer immediately so from tommorw onwards you will get injunction for not seeling the suit property and yoes all will have equal rights irrespective of any act as you stated.

Regards, Bharat Jain

9322523623

Ms.Usha Kapoor (CEO)     04 November 2016

After 2005 u7nder Amended Hindu Succession act daughters also can inherit agricultural land. So sons can't take the plea that daughters can't claim right in agricultural land.Its better Daughters file a suit for Declaration of title to the suit properties and permanent Injunction against the sons. This a good piece o f advice according to law compared to my earlier advice. If you want you can delete my earlier reply.Their mother also would get an equal share in the property as class 1 heir.If you appreciate this answer p0lase click the thank you button on this forum.

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