Basic rights protection if title suit is pending in court Basic rights protection if title suit is pending in court

2 years ago

We are staying in joint property and the title suit of the house in which all are residing is in trial in court. Four individual families are staying in four parts. Our family was using common washroom but now we want to make a separate washroom in our area but other family members are opposing and not letting it happen. What is the immediate remedy which can help us in making a separate washroom. We have a medical reason also to do so as our mother has bone fracture in waist and she needs a camode for her use. The old washroom has Indian toilet and we cannot modify it as it is in the area of other family member. Dear sir the issue is very real and genuine and our mother is facing a lot of problem. Kindly help with some quick remedy as we are being deprived of basic rights by the other powerful Family members.

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers
A.Dear Sir,
Since matter is in the court. You have to seek permission from the court and get such order then start constructing a separate bath room. It being a basic necessity no body can prevent it but you should seek permission by filing interim application in the court.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Usually changes to property in dispute are not allowed but since the reason is genuine and your mother needs it due to health concerns the court will certainly allow it.
If you like my answer please rate my answer. Thank You.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
You can consult your lawyer and file an application in court for allowing you to construct a temporary toilet for the benefit of the elderly. Be assured the court will certainly allow it.

If you like my answer please rate my answer. Thank You.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It is necessary on your part to file a petition in that Title Suit praying for leave of the Ld. Court to grant permission to construct a separate washroom with Western style commode specifying the medical reason of bone fracture in waist of your mother along with her medical records. That Petition can be moved through put up giving notice to your other side/s specifying the urgency even when that is not the prescribed date in that Title Suit. If the Court is satisfied in your plea then it will grant your prayer by early hearing of this petition.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.You can move an urgent application in the same suit and get an order by the court for the construction of the washroom as per the medical requirement of your mother. The court will listen to your plea and will do the needful. Speak to your lawyer and get this done.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Aap ke dawara jo title or partition suit chal raha hai. Usme washroom ka nirman karne ke liye application de sakte hai. Sabhi baato ka ullekh karna hoga or jo need hai vah bhi dikhani hogi. Court dono parties ko sun ne ke baad permission de sakti hai.
Agar aisa nhi kar sakte hai to aap district magistrate ke yahn bhi application de sakte hai.
But law yah hai jab tak court case ko decided na kar de tab tak koi bhi party disputed land ki nature change nhi kar sakti hai.
Aap ko application hi deni hogi.
Please rate my answer and give me star
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconSapinda relationship
Dear Client, Under the Hindu Marriage act marrying within your pinda ie Sa- Pinda is prohibited under the sec 5 of the Hindu Marriage Act for the reason that the biological offspring would be genetic...
question iconIs any legal obligation for me to share the property within my brothers and sister
Dear Client, All children of your parents have a right to equal share in the property regardless if it is a male or a female but only in the circumstance of a partition or will or when died intestate...
question iconMy parents trying to control my life they want to control me like papate.
Dear Sir/Madam If you have attained age of majority then you may stay away from your parents with your independent income and intimate them by issuing a legal notice.
question iconMoney fraud done by brother
Dear Client, In the given situation, when you are an independent working woman, nothing can prevent or restrict you from walking out of your home to look for the destiny of your choice. You have the...
question iconInquiry Regarding Maintainability of GWOP Case
Dear Madam GWOP is to be filed where children physically resides or physically goes and attendance school otherwise it is not maintainable on the ground of territory