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Aarif mohammed   26 November 2017

injuction suit

Sir, In 2007 we purchased a property of 14 cents from a widow and her 3 daughters.We purchased it according to most perfect manner prescribed by the law.But later we came to know that under muslim personal law ,if a person(without a son)dead without making a deed before his dead,then his siblings will be entitled to some share of that property.Not only me,most of the persons in the society were unknown to this law at that time.The deceased person have 9 siblings including the plaintiff(3 brothers and 6 sisters).Later the plaintiff,one of the brothers of deceased person filed a suit against me and my wife for the entitlement of his share and others.In 2010 the court held that one male person is entitled to 10/216 and one female person is entitled to 5/432 of the plaint schedule property.We are respecting the Honourable court's verdict.But from 2010 to 2017 we tried our best to make a settlement with th plaintiff.But he was not intented to make a settlement.Fortunately for us, 2 months ago 6 of the 9 siblings gifted their shares to us by the way of gift deed.Now 3 persons (including plaintiff) is entitled to 38 m.square of the property and we are ready to give it to them.Moreover the commission is all set to divide the share of 38 m.square next month
Sir my doubt is if after the commission whether the injuction in our property can be removed?
waiting for some valuable replies!!!


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 2 Replies

KISHAN DUTT KALASKAR (Advocate)     26 November 2017

The executing court may decide your question and commissioner will decide to what property  you are entitled for. On the basis of submission of report of court commissioner, court will put you in posistion of property to which you are entitled for.

2 Like

Aarif mohammed   26 November 2017

Thnku sir for your valuable reply..

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