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Occupancy of the house by outsiders while the lawsuit is pending in courts
5 months ago
A father has a self-acquired house and has three children, two boys and a girl. The father had died a long time ago when all three children were minors. A case is pending in the civil court between the three children (shareholders) regarding the above mentioned house. In such a situation, without the permission or order of the court and while the case is pending can one of the father's son forcibly take over the entire above mentioned house of the father from outsiders or keep him as a tenant? If not, please provide the legal section and ruling that prevents him from doing so
A.Dear Client,
In the given situation, serving a legal notice to the tenant, file a civil suit for eviction of the errant tenant. Apart from this, file a petition for contempt of Court as defined in Section 2(b) of the Contempt of Courts Act, 1971 is "wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a Court. Reach out to an Advocate for guidance and steps.
In the given situation, serving a legal notice to the tenant, file a civil suit for eviction of the errant tenant. Apart from this, file a petition for contempt of Court as defined in Section 2(b) of the Contempt of Courts Act, 1971 is "wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a Court. Reach out to an Advocate for guidance and steps.
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A.Dear Client,
In a situation where a case is pending in the civil court among the three children regarding the self-acquired house of their deceased father, none of the siblings, without the permission or order of the court, has the legal right to forcibly take over the entire property or engage in transactions like renting it out. The legal principle preventing such actions is derived from the basic concept of joint ownership and the fact that until the court makes a final determination on the property dispute, the siblings share a joint interest in the property. Engaging in unilateral actions without court approval can be deemed illegal and can have legal consequences. It is advised for all parties involved to respect the legal process, await the court's decision, and refrain from any unauthorized dealings with the property until the matter is resolved through the appropriate legal channels.
In a situation where a case is pending in the civil court among the three children regarding the self-acquired house of their deceased father, none of the siblings, without the permission or order of the court, has the legal right to forcibly take over the entire property or engage in transactions like renting it out. The legal principle preventing such actions is derived from the basic concept of joint ownership and the fact that until the court makes a final determination on the property dispute, the siblings share a joint interest in the property. Engaging in unilateral actions without court approval can be deemed illegal and can have legal consequences. It is advised for all parties involved to respect the legal process, await the court's decision, and refrain from any unauthorized dealings with the property until the matter is resolved through the appropriate legal channels.
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