Possession during suit
Muzaffar
(Querist) 08 October 2013
This query is : Resolved
Dear Experts,
Our partition suit is still pending in Hon. High Court. 2 parties out of 3 have sold the land by manupulating the documents.
Hon. High Court in an order mentioned that my mother has a share in property for sure and I am the legal heir.
On the basis of Court Order can I take possession of empty land before someone constructs something and makes my life my difficult.
Thanks in advance.
R.K Nanda
(Expert) 08 October 2013
is that final order.
Muzaffar
(Querist) 08 October 2013
One CA was disposed with this order and there is no challenge to it.
Second Appeal is pending
R.K Nanda
(Expert) 08 October 2013
u cannot take possession during pendency of appeal.
Dr J C Vashista
(Expert) 09 October 2013
Who is in the physical possession of the plot/land, i.e., whether the vandee (purchaser) has takenover possession of plot/land or still the Vendors enjoy possession?
Have you brought the fact to the notice of Court?
What is the Court order on that you want to have possession?
Incomplete and vague querry.
Raj Kumar Makkad
(Expert) 09 October 2013
You have not mentioned the facts of the case without which it is highly risky to advise you whether you take the physical possession of the vacant land or not.
Why don't you ask this question from your lawyer?
Muzaffar
(Querist) 09 October 2013
There are purchasers sitting on some part of land and some part is vacant.
as I said 2 out of 3 parties sold the whole part without any proper partition and during pendancy of appeal
can we request in Court that we need possession (to live) as just left the rent house due to finance problem?
Dr J C Vashista
(Expert) 10 October 2013
Please seek advise from your lawyer, the best person to guide
