who will get injuction

Querist : Anonymous (Querist) 13 January 2011 This query is : Resolved
we have a plot which is gift deeded to us three years back by grand mother to my father by paying stamp duty in front of sub-registrar and also my grandmother made a registered will on name of my father and now six months back my grandmother died and now my uncle claims that he has a will of my grandmother in which my grandmother gave the plot to my uncle and also my uncle goes to court for the probate as he has a fraud unregistered will because my grandmother lives with us for past five years and she is not in contact with my uncle ,so my uncle made a fraud will,if my grandmother made a will on name of my uncle than why didn't he go to court for regitration of the will in the court .now my lawyer tell us to go in the court for injuction of the plot ,on first hearing of the injuction case in the court ,judge ask us to show the possession of the plot so we go their and took the required photographs of the plot and on the same day my uncle broke the locks of the plot goes to the court that he has the possession of the plot and also we filed the complaint in the police station but due to my uncle contacts police do nothing .Now there are many hearings in the court and judge gives us the date on which judge gives his decision on the injuction .So sir i just want to ask you that as we have registry of the plot ,so who will get the injuction of the plot?

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Devajyoti Barman (Expert) 13 January 2011
Given the history of the case, you are more likjely to get the order of injunction.

s.subramanian (Expert) 14 January 2011
The facts set out show a favorable position for your success.

Kirti Kar Tripathi (Expert) 14 January 2011
Since the property was gifted to your father during her life time as such after gift she had not title over the property and any will of this property will have no effect. Thus in view of this position, I this you have better chances to get injunction .

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