Force Full possession by daughter
B S Kainth
(Querist) 04 September 2009
This query is : Resolved
1 . My daughter has taken a forceful possession last year aug 2008 in my property and had filled a suit for permanent injunction
2. In May 2009 I came to know that after getting injunction from Distt Court my daughter is willing to sell out / hand over my flat which is under my daughter possession after that I had also filled a suit for injunction in District Court (Patiala House) not sale / transfer the said flat.
3. My father had made a Will ( Registered at Vikas Sadan ,New Delhi ) in favor of me and my wife’s name before his death and also excluded my daughter in his property .Later we got mutation from MCD.
4, I am going to file a Suit for Possession .What Else we can do .How Long will it took .Does my daughter had any title under Hindu Marriage Succession act in my property.
5. Is there any act in the favour senior citizen that suit can be decided early comparitively to the normal times
A V Vishal
(Expert) 04 September 2009
Mr Bhupinder Singh
My father had made a Will ( Registered at Vikas Sadan ,New Delhi ) in favor of me and my wife’s name before his death and also excluded my daughter in his property .Later we got mutation from MCD.
Ans. Kindly clarify whether the property is your father's self acquired property or anscetral. Also clarify whether you have probated the will.
As far as query 4 and 5 are concerned it is sufficient if you file a suit for possession. The time factor cannot be predicted and regarding the right of your daughter in the property can only be opined based on the clarification you give to my query above.
There is no special act to speed up the trial but you make pray to the court that the matter be taken up on priority basis on grounds of your age and health.
