Sanjeev Srivastava (Business Manager) 24 June 2017

Land dispute - removal of temporary injunction

Background of a civil court case

A Lady inherited her husband’s share of an ancestral agricultural land after the death of her husband in 1965.

August 2008- The lady died.

May 2009 - After the death of the lady, other shareholders of the ancestral agricultural land i.e. the nephews of the lady, got the property transferred in their names by wrongly declaring in the Revenue Court that they are the closest relative and the lady has no daughters or sons whereas the lady has three daughters as her natural and legal heirs.

May 2010- An objections was filed by the daughters of the lady in the revenue court.

June 2010- Names of other parties were cancelled and daughters’ names were recorded in the revenue records by the virtue of a registered will written by the lady in favour of her daughters which specifies the equal distribution of the lady’s property among her three daughters only.

June 2010- Other party filed an application for restoration of their names.

April 2013- Their restoration application was rejected by the revenue court.

April 2013 – They filed a civil case, demanding

Cancellation of Will, pleading that the lady was forced to write the Will in favour of her daughters.
Injunction on the lady’s land till the time the court decides the authenticity of the Will.

July 2013 - The court imposed a temporary injunction on the land; such that the daughters can not utilize/sell/donate the lady’s land.

Present Status: The daughters are fighting the case for removal of T.I. It is taking too long as other party i.e. the Nephews are applying delaying tactics.

Kindly advise, if the daughters request to the court that cancel the Will as demanded by the other party as Will or No Will the daughters are the only natural and legal heirs to the lady and then the court has to decide only for the Injunctions. As other parties are not the legal heirs court can to impose injunction on the land and deprive the daughters of their rights on their mother's property.

Will this step not shorten the judicial process as the court has to decide only for the Injunction?

An early response will be highly appreciated.

Thanking you,

With Regards,

Sanjeev Srivastava

Reply Follow

2 Replies

Arjun Kohli 24 June 2017

I believe that presently the daughters have filed an appeal against the said Temporary Injunction on the land? If so, they can move an application for the matter to be heard ex parte, describing the need for such a move based on the tactics of the respondents.

Also, it is right that the property will go to the daughters, irrespective of the will. However, since the daughters would have presented the will from their side, I would rather reccomend that their learned counsel presents an argument in such a way that the fact is cleanly conveyed to the court because I am not sure how it would affect the party who seeks to cancel evidence supporting its own rights.

Also, indeed with proper documentation, in the appeal it can be rightfully contested that daughters have a better right under the HSA Act and if the Revenue departments made correction, it was ofcourse based on some sort of reasoning. Moreover, the fraudulent nature of the other party can also be highlighted on the fact that if they were such "close relatives" of the mother of these daughters, they would have been obviously aware of their own living cousins and if despite that they register themselves as "closest relatives" of the deceased lady, well, what I can I add more to that?