PARENTS EXPIRED, SON IS STAYING IN THE BUILDING, 3 OTHER SISTERS HAVE SHARE
2 years ago
When a court case is filed claiming right to share and own a building, can the son stay in the building till the case is solved?
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Aap ke dawara apne father ki property par apna adhikar claim kar rahe ho. Or aap ke dawra partition ka suit file kiya gya hai. Aap jab tak partition ka case final nhi hota hai tab tak aap property me rah sakte hai. Yes son aisi property me rah sakta hai.
But agar case aap ke angaist jaata hai tab aap ko is property ko khali karna hoga.
Please rate my answer
But agar case aap ke angaist jaata hai tab aap ko is property ko khali karna hoga.
Please rate my answer
Helpful
Helpful
Share
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Yes Son can stay in that building if he was staying therein prior to the filing of the Partition Suit. After Filing of the Partition Suit,usually Injunction/ Status quo Order has to be prayed and if that Order is granted by the Court of Law,then the nature and character of that property cannot be changed and the property cannot be transferred as long as that Order remains operative.
Helpful
Helpful
Share
A.Dear Sir,
A partition suit may be filed and continue to stay in the same premises as it will be deemed joint possession if not allowed then you may forcibly enter. But, Courts are not supposed to evict the co-sharer or to issue injunction against such co-sharer.
Rate me Five Star*
A partition suit may be filed and continue to stay in the same premises as it will be deemed joint possession if not allowed then you may forcibly enter. But, Courts are not supposed to evict the co-sharer or to issue injunction against such co-sharer.
Rate me Five Star*
Helpful
Helpful
Share
A.Hi,
Since all the siblings belong to Class I under the Indian Succession Act, it is inevitable that a partition will take place. You can file a suit for partition before the court and until it is resolved, there is no objection for the occupant of the house to continue living there.
If you find my answer helpful then kindly rate me.
Since all the siblings belong to Class I under the Indian Succession Act, it is inevitable that a partition will take place. You can file a suit for partition before the court and until it is resolved, there is no objection for the occupant of the house to continue living there.
If you find my answer helpful then kindly rate me.
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
The courts prefer to maintain status quo which is why you can still occupy the house while the case has been filed and is pending before it. Secondly, until the injunction is approved by the court, you have all the right to stay.
If you find my answer helpful then kindly rate me.
The courts prefer to maintain status quo which is why you can still occupy the house while the case has been filed and is pending before it. Secondly, until the injunction is approved by the court, you have all the right to stay.
If you find my answer helpful then kindly rate me.
Helpful
Helpful
Share
A.If there is no order against such stay or there is no injunction case of any sort being filed by any of the party or none of the party has objected to the stay of the son then there is no problem and he can stay over there.
Helpful
Helpful
Share
Read Related Answers
Street parking in residential colony
Dear Client,
Try to resolve the matter among yourself. Firstly if its an apartment try to complaint to the apartment authorities . Harassment per se would not be a valid ground apt to the scenario, Y...
Work money not paid
Dear Client,
This is a very tricky situation. Technically speaking there must have been a documentation of you resuming work after your first email and you continuing working there makes it unofficia...
Common wall
Dear Client,
Firstly please bring it to the notice of the apartment association if you live it in an apartment. Secondly communicate with your neighbours and learn as to what work is being done and...
Property joint way issue
Dear Client,
Given the situation, you need to adhere to the Schedule of the property as mentioned in the Sale Deed. In the query, you mentioned that the actual passage of all properties is 7 feet. In...
Varsai & will
Dear Client,
The wife of the deceased husband is not entitled to his ancestral property. According to Hindu Succession Act, only the coparceners of a Hindu joint family are entitled to inherit ancest...
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location
