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shivani (housewife)     13 April 2018

Injunction case:please help

Can anyone please tell the steps under injunction case ?? My father inlaw has filed an injunction case against me.. he claims dat he is the owner.. but reality is its an ancestral property.. and his property case is pending in the high court with his sister.. i gave a proof dat property is disputed ..as of now he has denied that document by saying that its not a certified copy.. So now issues are going to be framed on the next date.. 1.will the judge ask for ownership documents from my father inlaw?? 2. Before framing of issues can i submit one more proof to the judge that property is ancestral? 3. Can i ask the judge to check the property case details on her own bcz i can't check from the high court?


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 6 Replies

Vijay Raj Mahajan (Advocate)     13 April 2018

Yes you can file any document you got even after by filling your Written Statement and before framing of the issue. The judge will consider all evidence to decide the case of both parties. The injunction order will not be passed unless all evidence is brought on the record to prove the matter by both parties. As he is petitioner it's his first chance to record his evidence and after that you get opportunity to bring your evidence. The onus to prove the sole ownership of the property is on the petitioner as he alleged it while seeking injunction order against you that you disputed. Your evidence to show and prove that the property is not his sole property will be of great help to you.

shivani (housewife)     13 April 2018

@vijay raj Thank you for your advice.. i will take all the evidence before framing of issues . But problem is admission and denial of documents procedure has been done from both the sides.. meaning i had attached only one document of property case as my evidence which has been denied by the opposite side.. so still i can submit my other evidence in the court? For eg i have certain photographs which will prove that my conduct has been good with my inlaws.. so will the judge accept this also?? Please advice.. thank you

Kumar Doab (FIN)     13 April 2018

In any case you might have submitted document ( case number, petition, interim orders etc if available ) downloaded from curt website and submit the certified copy if court wants and also obtain mutations records with all link docs and the mutation records, proof of source of funds  and inputs on nature of enjoyment would matter in court..

In case the case is found worthy the court can ask the petitioner to submit docs to establish ownership and can also summon docs from authority under whose jurisdiction property falls..

Kumar Doab (FIN)     13 April 2018

Why the matter is agitated by you and why not by son i.e son of your FIL ie. your husband?

Which personal law applies in your case or are you all Hindu?

Because Wife/DIL has NO forced share in self acquired/ancestral estate/property of parents in law/husband.

Wife is not Co-parcener in  ancestral estate/property of husband..

If husband deceases without disposing his self acquired/ancestral estate/property by a valid/registered deed in his life time then wife I a ClassI legal heir and has equal share..   

shivani (housewife)     13 April 2018

@kumar sir Yes we are hindus living in delhi..yes case number is mentioned on that document given by me but i can't take out the certified copy bcz am not a party to the property case..i can't arrange for the mutation records..otherwise also mutation doesn't mean that the person has become an owner..right?? I hope that the judge itself ask for everything from the petitioner.. my husband has been made a party to the injunction case but he never appeared bcz dats the game plan between husband and inlaws.. so my husband is expartee now.. my husband wants a divorce and he is living on rent since long time.. i don't want a share in the property..i just want right to residence which i got in my dvact case.. My query is that even after admission /denial of documents process can i still submit more evidence like photographs etc??

Kumar Doab (FIN)     29 April 2018

You can very well request the presiding officer.

Your points on evidence have been responded by many in all threads initiated by you.

Then your own lawyer is there to take care of the prayer in court.

 


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