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Selvam (Others)     21 December 2012

Legal heirs rights over undivided property

Dear Sir,

I am one of the legal heirs among five which include my widowed mother. Now they are in possession of the property which includes two floor house since I am away from my home town. Now I have been asking for one two room set while the house has two two-room set in ground floor as well as in first floor. the property is undivided. Moreover, without having a place to stay, how could I ask or make arrangement for division and at the same time my daughter is going to have her higher study at that place. Under this situation the mother gave written statement to the police that we cannot give even one room for me as there is no space left (in fact they filled all rooms of their luxuroius items without my knowledge modified the two two-room sets) after filing a suit in court for permanent injunction for preventing my effort to get one room. The property still in the name of my father who is deceased about 26 years ago. I have been fight for room for the last 15 years only after all the brothers got married. Could any one suggest me as to what iam supposed to proceed further? Whether I can get atleast one room since I am also one of the legal heirs by making them to vacate the same.



Learning

 2 Replies

Advocate M.Bhadra   21 December 2012

You can get proportionate share of the property,proceeding of your suit has been passed 15 years,now you should file a Revision Petition in High Court under article 227 of the Indian Constitution for time bound disposal of the suit.As per provsion of the said article of the Constitutuion that High Court may direct the lower court for speedy disposal of the suit.

Selvam (Others)     22 December 2012

Dear sir,

I am relly indebted to you for right guidance. May be I missed one point that they are redy for division but my problem is that without stay place for me how I could proceed to run the case. staying outside or running from place now and then shall be very hectic i need one room set immediately for my daughter's stay for her higher studies. i too have come to know they may hinder construction from different way even after division. this Iam putting query on behalf of my wife to tell you the fact and it is from Delhi to Chennai precisely.

They have invoked Order VII Rule one for permanent Injunction and her (my wife's)mother and the one young one brother are Petitioners and the mother is illiterate and the son is in abroad and his wife signed the Petition while her mother put thump immpression. The brother signature till April 2012 in a Caveat and also in one reply to a legal notice of mine in 2004 are same but totally varies from the one signed in the Petition which, of course, might have signed by his wife. May I know the essential condition while filing Petition invoking Order VII under Rule 1. Hence my priority is to get one room set which is under their possession.


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