Doubt regarding Injunction order Doubt regarding Injunction order

2 years ago

Hi everyone,

A has 2 sons ,B and C, where he shared the property between B and C 20 years ago without registering a partition deed. But there is a partition deed complete ly with all the acceptance that B and C can not change or acquire their properties. But A has done a registration in favour of B 10 years ago. So will C have right to acquire the property ? And another key point is A bought the property by the money given by his father which is also mentioned on a separate document .
As mentioned above I would like to take an injunction order such that the other person would not enter my land until the final judgement. Would that be possible

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Yes, you can approach a Civil Court by filing a suit for declaration etc and seek injunction order and it will be effective only upto appearance of other party. Thereafter it will be heard and decided on merits.

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Anik

Responded 2 years ago

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A.Hello Sir / Ma'am
Surely you could proceed with filling an injunction suit. But in order grant injunction you'll have to provide all the legal documents in order satisfy the court to grant you injunction. Also the court would consider all the facts and then grant the injunction. Once the injunction is granted then the other person would not be allowed to enter the land.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello
In order to get injunction first you have to file a case before the court. After that you'll have to provide all the necessary legal documents and satisfy the court in order to get injunction. And the court would order accordingly.
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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Aap ko injunction order lene ke liye court ke samne apna case saabit karna hoga. Jis se court aap ko injunction grant kar sake. Aap ko documentary evidence bhi dhakhil karni hogi
Injunction grant karte time court kuch issues ko darstigat rakhte hue order pass karti hai agar aap court ko santusht kar sakte hai tabhi aap ko injunction order mil sakta hai.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.Unregistered Partition Deed has no legal validity so subsequent transfer through registration of the same property in favour of B by A made B the sole Owner of the property and C has no right to acquire that property of B or can claim Partition in respect thereof along with injunction. It is irrelevant fact that A bought the property by the money given by his father because that doesn't make the property ancestral.

However,this opinion has been given on the basis of the information given in the query so if there are any other registered documents in this regard or any other relevant information, then thorough scrutiny of all those documents are necessary to check the legal perspectives.
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Vaidehi Samant

Responded 2 years ago

A.Yes you can go ahead with filing Injunction application by stating appropriate reasons and providing necessary evidence/instances etc to that effect and also keep few case laws at hand if required pertaining to similar matters as yours. Thank you.
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