Injunction order

Querist : Anonymous (Querist) 26 July 2011 This query is : Resolved
My brother got married in 2001.They were living abroad. They do not have children.In the year 2008,my brother was diagnosed with cancer in the initial stage and came to India with his wife for surgery.His wife left him on October 2008 saying that she is no more interested in him and wants to remarry. she demanded huge amount of money as out of court settlement and MCD. He refused for her demands. After completing his chemo he went back to rejoin his job. We have a house in her native place consisting of 5 portions.On June 2009 she occupied one portion and starting collecting rents from other portions.She and her family are using this as a blackmailing tool for ransom. It is in my father's name and he expired without leaving a will. We are 4 children and a widow mother who is solely dependent on that income. Police refused to register the case against my brother's wife. So we issued a legal notice. AS a counter blast she filed false 498a case against our family members.My brother is still abroad and other family members were remanded and came out on regular bail.Though it is not her husband's self acquired property she has taken injunction order on that stating that we should not sell it. Other members of our family also have rights in that property.In 2010 she filed DV case on us asking for maintenance though she is staying in our house and collecting rents. Need experts advice from this forum.

Follow Query

Report Abuse

ajay sethi (Expert) 26 July 2011
1)since your father left without leaving a will leaving behind 5 legal heirs all are entitled to equal share in property .
it is advisable to first get the name of legal heirs in the property card .
2) secondly after doing so enter into partition deed for division of property in equal shares .
3) you will have to file an appeal against injunction order for vacation of injunction granted by the lower court

Querist : Anonymous (Querist) 26 July 2011
Sir,
Thank you for your reply.My sister-in-law has taken injunction order only on my brother. He is abroad and not able to come to India due to false cases.So my queries are: 1)can other family members appeal for vacation of injunction order. 2)can we enter into partition deed without vacating the injunction order on the property.3)she has sent the order copy to the registrar.Will it be possible to register it.4)What is property card.Is it same as legal heir certificate.5)Are property laws different in AP or is it same country wide.

THANKACHAN V P (Expert) 26 July 2011
1. As there is no prohibitory order against you ,question does't arise whether you can enter into your joint property.
2. She might have obtained temporary injunction alienating her husband's undivided share upon the joint property.
2.After obtaining legal heir certificate it is better on your part to file a suit for partition making your brother as a defendant.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now