Uncles sold there share and now creating trouble in our share.
2 years ago
My grandfather has 4 daugter and 4 son .He died in 1992.in 1998 all four son separted orally .My 3 uncle sold there 80% share also there children did get proper education .However my father give us higher education also bought multiple acre of land .And now my unlces and father sister are very jealous .4 of 3 father sister and my unlce are distrubing us mentally .Now they are planning to sell ancetral property which are in my share.Wanted to understand my uncle has already sold 80% of there share and 3 sister of father are claiming there share into my ancetral property.how one can defend this
In a suit filed under Section 38 of the Specific Relief Act, permanent injunction can be granted only to a person who is in actual possession of the property. The burden of proof lies upon the first respondent-plaintiff to prove that he was in actual and physical possession of the property on the date of suit
Get file a suit for permanent injunction and restrain them
In a suit filed under Section 38 of the Specific Relief Act, permanent injunction can be granted only to a person who is in actual possession of the property. The burden of proof lies upon the first respondent-plaintiff to prove that he was in actual and physical possession of the property on the date of suit
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Since the partition has already been made, then seemingly your uncle has no right over the property. However, in your case the partition was made orally and does not hold much value before the court. In this case, the court would need to go over the past records. You can file for a suit of injunction which acts as a prohibition over your property before the civil judge's court.
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A.Hi,
A stay order with respect to a property can be sought if any of the legal rights respecting the property have been violated, or there is an apprehension arising out of the conduct of another person that the same may be violated. In order to seek a stay you shall have to move the civil court u/S 94 CPC.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
It is necessary on the part of your father to send legal notice to his siblings for registered Partition of his share within stipulated period of time and if they failed to do so then your father has to file Partition Suit before the Competent Court of Law for Partition of his share of land along with injunction/ Status quo .
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