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ashalatha (senior branch manager)     22 December 2013

Property

This is with reference to a property dispute between sisters. 

When I was working in Indian Army I have purchased a flat through T N H Board against making full payment through liaison of my father in the year 1989 and handed over the same property with my father custody till I was get retire in the year April 2009. During the span of period, I have allowed my sister to stay comfortably based on the advice of my father against rent without any document exchanged between both.  After death of my father in the year 2002, she unwilling to surrender the said property and moreover she obtained bare injunction order from City Civil Court, subsequently I have filed appeal and same is dismissed and I have applied for second appeal and yet to get number.

During the court case, she was not into the said premises from mid 2006 and staying various addresses except into my property. Since the property is into my custody I have disconnected water supply and electricity supply, and ration card, election id card and etc. etc through proper channel.   And also I obtained all document through RTI Act. 

Such situation, she approached in High Court with WRIT PETITION with suppressing my Chennai based address which she knew well through 3 caveat.  However by knowing the fact, I have filed my vakalat, thus the matter is in pending.  In view of my vakalat and possession into my custody, my sister have filed a police complaint that I have attempted to trespass into the property which is belong to me along with some fake evidence  i.e. attempt to trespass and loot her husband’s stocks worth rs.2 lacks without submitting any evidence.   The same is been dismissed by the Inspector of Police, after verifying the occupancy status and finding fake evidence.  Subsequently she filed another complaint with Commissioner of Police without any evidence except a bare injunction of court order and suppressing the present CAVEAT valid from 13.12.2013 to 12.03.2014. However the enquiry officer has advised us to not disturb into our own property since bare injunction order against us which is in appeal without considering our VALID CAVEAT.

Please suggest whether during the valid caveat and order in appeal is it advisable I can argue with police official and other my right and put over lock in to my premises.

Please suggest how to get my property back other than filling the evection?



Learning

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     22 December 2013

You have to obey the order of the court.


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