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SinghSaab   07 July 2022

Civil suit partition

Hi, we have two floors on property. My uncle/family was staying on ground floor. We are living on first floor. The second floor was built to meet family  requirements for additional rooms by my father, but there are no legal papers for second floor. My uncle/family took possession of two rooms on second floor for his sons marriage but never returned to my father and took possession of rooms by fighting with my father. It's been few years now they have possession of them. My uncle filed a civil suit against my father in 2019.  The suit is in pending status. During suit dates it was ordered by court that the ownership of groud floor is with uncle and first floor to my father as per WILL. The court narrowed the decision that dispute is of second floor only now as no mention in WILL. Now main question is my uncle most probably have sold the ground floor as we see new owners, also it seems the two rooms on second floor might have also been sold. Is this legal ? The court suit is still ON, how can they sell it. Help needed how do we fight for illegal possession on second floor with suspected new owners. 



Learning

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     08 July 2022

Hello,

You have already appointed the advocate and defended the suit. So consult with your advocate to take further steps. Now in your case, you have to confirm whether the ground floor and second floor is sold actually. If it is sold then you have to make a new owner of the property "party" to the pending suit. 

SinghSaab   08 July 2022

But question is can my uncle sell it, when the case is still pending? Isn't it violation of law.


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