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Selvam (Others)     01 December 2012

Rights of injunction

Dear Sir,

We have undivided property of our decesed father among us, three brothers and one sister; all brothers occupied both the constructed two floor building while sister is living with her husband. Becuse of strained relationship while all brothers got married the sister was totally ignored that since the living mother does make rounds of stay with all brothers' houses which she recently stopped, the sister whenever visits mother she could not stay over night. Had mother been alloted atleast one room for the mother, the sister would not have felt discomports during her stay irrespective of the fact that she is one of the legal heirs. Now the sister want to stay continously for her daughter's education and also if the propert has to be divided she needs a proper place to stay which the brothers refuesed. Under this circumstances one brother served Injunction Notice to the sister not to inferefer in the occupied rooms since he is the one occupied more rooms after modification of two room sets into one room set with one entry exclusively for him without consultation except the mother.

1. Whether injunction Notice can be served perior to Legal Notice?

2. While the property is not divided legally among the legal heirs, one brother does have right to issue Injunction Notice got served through court.

3 In fact, this particular brither as stated modified the house for his own interest without consultation, did boring to extract water irrespective of Municipal Water supply and that too without approval of the government.

4. The sister has appealed through Chief Minister Cell to occupy the one room for her stay and the concerned police station took necessary step and the mother promised to give the room since the brother is out of station.

5. This Injunction Notice is recourese to action taken by the sister's Chief Minister Cell for resdressal of complaint.

Could you please advice under this situation what steps she should take and also about engaging a lawyer or personally represent her case?



Learning

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