A.
Dear Client,
In the given scenario, you can to file a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an order of injunction under Order 39, Rule 1 & 2 read with Section 151 of CPC praying the Court to exercise its inherent power to do justice. You can also file a petition before the Civil Court under Section 37(2) or 38 of the Specific Relief Act, 1963, seeking a permanent injunction on the subject. A permanent injunction, popularly referred to as a perpetual injunction, can be granted by the court by passing a decree made after a hearing and upon the merits of the case. Once such a decree is passed, the defendant(the relative) who occupies the property of your deceased uncle unauthorisedly is permanently prohibited from the assertion of a right or from the commission of an act that would be contrary to the rights of the plaintiff. The grant of an injunction is subject to the provisions of Order 39, Section 94 (c) and (e) of the Code of Civil Procedure 1908 & Section 37(2) or 38 of the Specific Relief Act 1963. Apart from this, you can also file a private complaint against the concerned relative in the court of the Magistrate under Section 223 of BNSS, which outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the Magistrate shall examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the Magistrate. If the Magistrate finds sufficient grounds for proceeding with the complaint, he may issue a summons or warrant to the accused under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. If required, consult with an Advocate to navigate the issue in the right way.
Posted On 09-Apr-2025
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