Can a mandatory injuction disqualify a legal heir from getting a share in that property ??
Arvind Sehdev
(Querist) 29 February 2012
This query is : Resolved
"A" father died intestate. But before dying filed a mandatory injunction stopping all interference of his elder son "B" in the said immovable property.
Now B filed cases in front of the trial court and DJ but both ruled against him.
Now he's up for an appeal in the HC. Is there any way or any technicality via which we can give him his share in the property back ??
Can a Mandatory injuction disqualify a legal heir from getting a share in that property ??
Are there any case laws / settled laws / amendments or anything to this effect then also let me know.....
I asked this question in the forum but it was a no go there. So thats why came to you guys for help.
Sankaranarayanan
(Expert) 29 February 2012
Those property is self accuired and from his own then no one have legal right to claim
Sankaranarayanan
(Expert) 29 February 2012
Legal heir is need the NOC from his other brother and sister and mother too but in your case why your father got injection. So what is the reason bheind.
Arvind Sehdev
(Querist) 29 February 2012
they are not giving NOC to my client is there any law point which can atleast get a judge to hear and let us please the whole RSA... we just need in... something to go on....
So that atleast something can be done in this regard....
Raj Kumar Makkad
(Expert) 01 March 2012
Even if a father had got an injunction against his real son during his life time and didn't made any arrangement of his properties means died intestate then the right of that son cannot be taken by any authority and such son is also entitled to inherit the properties of his deceased father in equal share.
