406,420 and 34
francis
(Querist) 01 July 2011
This query is : Resolved
my cousin has put this clauses against me, i am staying in his flat since 2003, he had taken money from my mother but we dont have any proof only we have a tape recording of his voice,it is since 9yrs, he is an NIR SINCE 2002 IN NEWZEALAND,he is unnessary involing my innoncent wife in that, i dont know what to do, can you guide me,the flat is in my possestion since 9 yrs and my mom died on 4 dec 2010 after that he started to harras me to empty the flat,how long will this case go and what are the chances to wining, i am a family person,i am poor,the school gives me consession for my children fees,i cannot fullfill my children needs also,please advice me
francis
(Querist) 01 July 2011
you can email me at francis_maria76 @hotmail.co
Ajay Bansal
(Expert) 01 July 2011
File a civil suit for prohibitory injunction agaist him for restraing him from evicting you without due procees of law.I think by doing so, your problem would be solved.
vishal
(Expert) 01 July 2011
i'm not agree with mr. Bansal civil suit for injunction restraining your cousin for not to evict you without due process of law is not a final solution for your problem. As you have no defense if your brother file suit for eviction.
file suit for specific performance of contract that your mother had paid him the amount towards the sale of flat and he is not ready to execute sale deed instead receiving full and final consideration of sell of said flat and you can also sought injunction restrain your cousin to take forcefully possession from you without due process of law. this will help you more
prabhakar singh
(Expert) 01 July 2011
i agree with Expert vishal and plead possession sice 12yrs,if possible.
Ravikant Soni
(Expert) 01 July 2011
But Vishal an prabhakar sir, Limitation in a suit for specific performence is only three years.
Then would it not fatel to plead showing agreement to sale prior to three years??
And what happen if his cousin purchased flat not before 11 or 12 years.
Adv. Sunil
(Expert) 02 July 2011
Mr. Bansal is absolutely correct. If you file petition for injunction, and succed in getting the same, you will be safeguarded against any eviction actions from your cousin.
Also even if he goes for eviction petition, 1st chance is that he will not succeed, even if there is any chance for him to succeed, it will take a long time that is to say 5-6 years in the matter, which accoring to me he will not wait and readily agree to execute a proper Sale - Deed. In the meantime try to create a third party right in the flat. Pls. get in touch, for more ideas as am presently having a same matter in hand, wherein i have already succeeded in getting Perpectal injunction - my no. 9819895456.
