partition

Querist : Anonymous (Querist) 02 November 2009 This query is : Resolved
I File partition suit against my sister who is holding fabricated and bogus will from my deceased mother. Case is still pending in the court. The will is not probated nor registered but notarised. Can my sister have a right to construct the house even the case is not yet decided.

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Adv Archana Deshmukh (Expert) 02 November 2009
If you have that fear then, in your suit, you can file an application for maintaining status quo in respect of the property till the decision of the suit.

Raj Kumar Makkad (Expert) 02 November 2009
If your sister has made any construction in the property during the pendancy of the suit, it shows that she is in the possession of the property and you are out of possession. Is it true?

Anyhow, seek a stay order from the court wherein the aforesaid suit is pending restraining her to raise any construction and to create lien of any other person during the pendancy of the suit otherwise it shall create unnecessary and long litigation.

A V Vishal (Expert) 02 November 2009
Obtain a injunction from the court seeking to maintain status quo until disposal of the suit citing that if she proceeds with the construction you will be put to hardships and loss.

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