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Naomi   23 November 2020

Injunction against building house

My father has given me a portion of the family property as gift to me when he was alive, the rest of the property belongs to my brother. I want to build a house in the 2.5 cents of land gifted to me, however  my brother keeps causing barriers by claiming that a portion of the 2.5  cents is blocking the passage to ancestral house though there is still 10ft left from the east end of my property to the east end of his property which can be used for free passage to the ancestral house. I live outside India and now he has filed a prohibitory injunction against building the house. Is his claim valid if there is still 10 ft left for passage to his house and do I have any options of remedial action to stop him from creating obstacles with the intention of acquiring my property. 



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 6 Replies

G.L.N. Prasad (Retired employee.)     23 November 2020

Engage a local advocate and get the stay vacated by suitably defending your rights for easement if any.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     23 November 2020

1. Oppose his petition in Court and additionally obtain "permanent restraining orders" on the purported action of the relevant person and his legal heirs.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dr. J C Vashista (Advocate )     24 November 2020

Contest the case tooth and nail through a local prudent lawyer.

P. Venu (Advocate)     24 November 2020

Has the plan for the building been approved and the permit issued by the local body (ie, Panchayat, Municipality, Municipal Corporation)?

Naomi   24 November 2020

The injunction has been filed against the corporation too, so they haven't issued the permit yet.

P. Venu (Advocate)     24 November 2020

If so, there is no option but to meet the issues on merit. Your advocate may be impressed to expedite the case.


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