Injunction against co-owner

Kylash.S (Querist) 10 November 2011 This query is : Resolved
Dear Sir,
Can anybody give me SC authority to injunction against Co-owner in exceptional case. Pls anybody. Its very urgent. Pls Sir.

Follow Query

Report Abuse

ajay sethi (Expert) 10 November 2011
injunction would depend upon the facts and circumstances of each case . what are the facts of your case .

Kylash.S (Querist) 10 November 2011
plaintiff is the coowner of the proerty, who actually residing in it. Now he removed the roof to replace with another roof. In the meantime, the defendant objecting to put new roof. That the case. Now Judgment reserved. Mr.Judge asking for any authority that injunc. may b granted against coowner in exceptional case. Thatz it.

Piyush Vaishnava (Expert) 10 November 2011
..........................

Piyush Vaishnava (Expert) 10 November 2011
no, your case is weak because other co-owner also having rights on this property.
you should have to describe merits to replace new roof before court.

Arvind Sehdev (Expert) 11 November 2011
Why do u want to remove this roof ?
Is it unstable or what?
What are the reasons for such a renovation?

Your case depends a lot on your reasons.

Devajyoti Barman (Expert) 11 November 2011
There is no bar that the co owner can not ask for injunction against the other.

Sailesh Kumar Shah (Expert) 12 November 2011
there is no such bar.

you can try for judgement at www.indiankanoon.org.

prabhakar singh (Expert) 12 November 2011
An injunction against co owner can be sought if he is proceeding to construct on his own with out partition and consent of other co owners or demolishing or damaging some thing co owned.

The main premise to be understood is that all are supposed to own every inch of land then none of them can without consent of all can do any exclusive activity,if desired to be done the others have right to seek injunction
till final partition takes place.

Devajyoti Barman (Expert) 14 November 2011
Apart from construction even attempt to transfer his share can attract injunction.

Previous

Next

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

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries