Ananta V Sarma (software engineer) 13 November 2016

As defendent won case but not received docs & possession

My Father wrote WILL stating that my mother can only enjoy property(movable and immovable) till her death and after that I have absolute rights for movable and immovable property. I took perpetual injection order + suit - Not to alienate property - won case. My sister(67) made another WILL, all the property(movable and immovable) from mom and file a case 2013 - for Title - Recovery of the property. Case dismissed and in order - As per the father will mother has only enjoyable rights and property's absolute rights to me. Judgement date : 13th June 2016 . Oder copy date : 22nd July 2016. So far my sister has not filed apple in High Court and also not vacated ground floor portion nor handover the property to me. Tenants vacated but locked and kept by my sister. Not returned original documents. My father goods one by one my sister is selling. Legal notice served by me 3 weeks back - so far no reply. What is fastest way of closing this issue. Please help me.

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4 Replies

adv.bharat @ PUNE (Lawyer) 13 November 2016

sisters will contain ?

Laxmi Kant Joshi (Advocate ) 13 November 2016

Your mother has no right to make her will for that property because she had only enjoyable right over that property, if your mother is selling the goods from that property then take injunction from the court to restrain her and for taking original documents from her u have to file case in the court and you can asked the documents from her u/s 91 crpc .

Ananta V Sarma (software engineer) 13 November 2016

Sister made one more WILL stating that after my mom death all the movable and immovable property goes to my sister. Which is not valid as per court order. My mom has only enjoyable rights and my sister do not have any rights in property.