injuction case

Querist : Anonymous (Querist) 20 October 2010 This query is : Resolved
we have the gift deed registered of the plot in the court and we have the possession of the plot for past three years.now we go to court and ask for injuction of the plot against my uncle and my uncle broke the locks of the plot and tell in the court that he is submitted the house tax for past ten years but my uncle has some receipts of the house tax and he is also paying the house tax after the plot is gift deeded to us.as we didn't pay the house tax when we get the plot but now we get the house tax mutation on our name .So, sir please tell me who we will get the injuction of the plot and there is also probate case of will which is filed by my uncle in the court and my uncle has fraud unregistered will and we have registered will.

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Raj Kumar Makkad (Expert) 20 October 2010
In the given case, it hardly matters who is in the actual possession of the plot. You shall have to defend the pending case vigorously and shall have to prove that your will is genuine and the will prepared by your uncle is false and fabricated. Untill and unless you establish your will and court do not give verdict in your favour, there shall be o use of its possession otherwise the receipts of house-tax do not give ownership right in favour of its holder. Municipality is not an authority to decide ownership rather it maintains record just for the collection of house-tax.

s.subramanian (Expert) 20 October 2010
I agree.

Devajyoti Barman (Expert) 21 October 2010
Yes

Kirti Kar Tripathi (Expert) 21 October 2010
agree

pawan sharma (Expert) 21 October 2010
Dear,In your Q as you put it before this club -
in my view that if you are in actual possion of the property, shall reman it, and filt the gift deed before the court. on the point of the receipts of house-tax are not a proof of the Ownership,its ar eonly for Tax perpose. Now you may summit the deed in the office of Municipal Board for changing the name in the tax record.

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