Taking interim possession of house
Guest
(Querist) 14 February 2015
This query is : Resolved
Dear sir
My late husband has a house in delhi.
His conduct was foul with me and I was working with defense department aND POPSTED OUT SIDE ALWAYS.Taking advantage of this all, his brother got a will from him in favour of his children for the flat.
I was not notified for probate and after my contest probate was rejected.
Now case is pending for suit for possession and declaring will null and void.
The case is hanging in Delhi court since 2008.
I am about to retire. The brother and his children are occupying the flat without any legal stand. I want that court give interim possession to me for atleast one room till decision.is it possible to seek such relief under my pending suit? Because it may take another 3 years for judgment and then he may go in appeal.
Mahendri Kumari
Devajyoti Barman
(Expert) 14 February 2015
You have to wait till decision comes out finally. The court in unlikely to give such relief , more so, of the evidence has started.
In stead of declaratory suit, I find that suit for possession would have been more suitable. In the declaratory suit you will not be granted with possession even if you win the suit.
Amend the prayer of the suit to include the relief of possession and mandatory injunction.
Guest
(Querist) 14 February 2015
sir I think my suit is for suit of possession only. The opposite parties suit is for probate which was reversed by court after my joining the probate case.
I will come back to you once again after going through the suit papers.
What mandatory injunction you are referring about? Kindly clarify.
Guest
(Querist) 15 February 2015
PS I forgot to add that both suits have now been clubbed in Rohini courts being same parties and matter and now evidence recording is due. I have earlier deposited necessary court fee prescribed for my possession case based on rates prescribed for property. Have I to do something more now?
Rajendra K Goyal
(Expert) 15 February 2015
All the documents need to be referred, consult local lawyer and show him all the documents / papers.
T. Kalaiselvan, Advocate
(Expert) 18 February 2015
Without seeing the papers it will be difficult to give a proper opinion to you because you yourself are uncertain about the details of the suit or the case filed, so better be in touch with your lawyer or take a second opinion from a local lawyer by producing the papers before him. You can take help of lawyers available in the LCI data base itself who practice in Delhi.
Guest
(Querist) 20 February 2015
Dear sir there are not much papers to show.
1. The deceased has made a rgeistered will specifying no rasons to disinherit undersigned or explaining why his brothers children are being given house.
This was challenged in court.
Earlier respondent tried to get probate by hiding details about undersigned and they did not even inform death of the person since i was serving out of Delhi.
The probate was called back by court and now suit for possession and declaring wiull null and void is pending.
Meanwhile I want interim possession of full or part of the flat as I am retiring soon.Case is dragging since 2008
In fact the defendants are living in flat free of cost and without any legal status as on date for last 8 years.
So can move application for at least part possession or seek remedy from a magistrate to gain entry in house being widow
Sudhir Kumar, Advocate
(Expert) 20 September 2015
The following threads (OR ANY OTHER THREADS HE MAY OPEN IN FUTUREE) need to be consulted if you really want to help Mr Gupta.
http://www.lawyersclubindia.com/experts/Deceased-husbands-property-pending-divorce-petition-527016.asp#.Vf4WGH2N5v4
http://www.lawyersclubindia.com/experts/DDA-rule-on-sell-of-house-in-Joint-name-of-spouse-560761.asp
http://www.lawyersclubindia.com/experts/In-what-section-to-file-complaint-558971.asp
http://www.lawyersclubindia.com/experts/Is-interim-possession-possible-pending-suit-523531.asp#.Vf4Yo32N5v4
The experts here are giving free advise [ using own electricity, computer network time, their own time, spending more time on computer screen staining eyes, increasing BP, cutting time of exercise and entertainment.
Mr Gupta is entitled to take us for a ride.
He is actually helping a female relative (Ex-Army) to stake claim on property (IN DELHI) owned and willed by her husband in his life time.
Mr Gupta is adopting this technique:-
(I) Ask same query in different threads.
(II) Hide some facts in one query and hide some other fact in other query.
This way he wants a contradictory answer from experts by frequently testing their knowledge .
