Injunction

sudhirghabasu (Querist) 22 November 2011 This query is : Resolved
sirs warm wishes,
Query: My client is one of the co- owner in the hindu undivided property. The property belongs to my clients father, the property still stands in the name of my clients father. My client is a lawful child of her father. Along with my client, there are 7legal heirs i.e. her mother, brothers and sisters. Now other legal heirs i.e. her mother brother and sisters are trying to sell the property without the consent of my client. Hence I had issued a legal notice and now prepared to suit for Partition and injunction. Please suggest some citations for interim injunction in the suit.

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Devajyoti Barman (Expert) 23 November 2011
Why citations?
It is established principle of law that the co sharer should not sell an undivided property more so when the suit for partition is pending.
The courts routinely grants injunction or at least stataus quo order in such cases.

Kiran Kumar (Expert) 23 November 2011
absolutely there is no need of judgments at this stage....file a suit for permanent injunction and also seek partition of the property.

you will get the stay in injunction matter.

Kiran Kumar (Expert) 23 November 2011
keep in mind you are to prima facie prove before the court that you are a legal heir and you have got a share in the property...get the certified copy of the property records from registrar's office.

Advocate M.Bhadra (Expert) 23 November 2011
Others legal heirs and successor can sell their share even undivided nature of property,but you can seek injunction under order 39 rule 1, relevant citation is as follows:Anand Prasad Agawala Vs. Tarakeswar Prasad AIR 2001 SC 2367 (2001)5 SSC 568