Property dispute Property dispute

2 months ago

My parents live with other 3 brothers of my father or uncle. They have captured the entire terrace and have started a construction stating that they want to capture the entire terrace leaving us with little to no space in that 2 floored house. We stay in two small rooms and have built a kitchen and bathroom downstairs. All my uncle's are abusive and use slang against parents. Kindly suggest what to do?

Anik

Responded 2 months ago

View All Answers
A.Dear Client,

In this scenario, your parents have the option to initiate a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963. This suit would be filed before a competent Civil Court, with the objective of obtaining an injunction under Order 39, Rule 1 & 2 of the Civil Procedure Code (CPC), along with Section 151 of CPC. This legal action seeks the Court's intervention to exercise its inherent power in order to ensure justice in the matter.
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

Legal Counsel Vidhikarya

Responded 2 months ago

View All Answers
A.Dear Client,
In the given situation, your parents can file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Reach out to an Advocate experienced in civil matters for guidance and steps.
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 iconI am going to buy a plot, the promoter ask me send the money to their account
Dear Client, In the real estate business, a Joint Development Agreement(JDA) is executed between the Landowner and the Promoter specifying therein all the terms and conditions and the allocation of a...
question iconWater leakage from terrace during rainy season
Dear Client, Firstly, you can explain your grievance to society and try to resolve the matter amicably. In case the society refuses to fix the leakage problem, then you can file a complaint to the Reg...
question iconhow long can a school legally retain confiscated items - mobile phone
Dear Client The School can take a mobile phone in a circumstance if they feel it necessary and expedient, but they must give it back to the student at the end of the school day. The school does not h...
question iconCaste change
Dear Client, In India, caste is inherited from the father's family, not the mother. There is no provision for changing the Caste. But in certain circumstances - where the mother is divorced or widow...
question iconTree near boundary
Dear Client, It is advisable to discuss the issue with your neighbor and try to solve it amicably. If it's not resolved through verbal request, then you can send a legal notice and demand them to make...