Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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How should i get my rights.

(Querist) 15 October 2009 This query is : Resolved 
My father and my brother made a partition ungeistered and signed it. When i Came to know that I haven't got the due share of the property on questioning they gave me 4.5 acres of agricultural land which made share equal. But the property was in the name of My father and the original partition written was not changed to that extent. the elderly people were present and pacified me. After twenty years now my father is against me and got a will registered will in favour my brother son. And now they are trying to get injunction against me. I have sown SSG grass for my dairy animals and if any injuction will paralyse my interests and also livestock will suffer. Can anybody help me what can be done.
adv. rajeev ( rajoo ) (Expert) 15 October 2009
If they have not yet filed a injunction suit against you, immediately you will injunction suit against your father, brother and brother son and their henchmen not obstruct the peaceful enjoyment of the suit property.
U have to take the contentions which have asked here in your plaint,and necessary averment is that " there was a partition between amongst the plaintiff and defendants( ur father & brother)in this partition plaintiff (you) had alloted 4.5 acres said partition is acted upon and from the date of partition I am in possession in possession & enjoying the suit property.
You have to show the prima facie and balance of convinience lies with and what hardship will cause to you.
Sachin Bhatia (Expert) 15 October 2009
Immediately file a civil suit for partition against your father,brother & brother son.
Raj Kumar Makkad (Expert) 15 October 2009
As the title of the property still vests in your father, you cannot file a suit for partition rather in injunction suit can be filed by you immediately. Better you collect all elders and settle the matter amicably because without any title, you will have to suffer being property self acquired of your father.
Bhushan V. Kale (Expert) 17 October 2009
Immidiately file a suit for injunction against your father and brother. Try to avoid the fact of executing will by your father. It may help you in future.


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