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.
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But agar case aap ke angaist jaata hai tab aap ko is property ko khali karna hoga.
Please rate my answer
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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