joint family partition suit
Querist :
Anonymous
(Querist) 22 December 2010
This query is : Resolved
Sir,
I am decree holder for the property of my late mother and my sister used to stay on the property by virtue of permissive possession. I filed a suit for partition and got my share in the property. I got status quo order refraining her from further construction and changing the nature of the property. Now she has constructed the house during the pendency of the suit and in due course partition suit was pronounced in my favour and other share of the same property to her.
My sister has not abided the court order and proceeded to construct the building. Status quo order was not vacated by my sister in the court nor she explained to the court for construction of the house.
Is it allowed in the constitution when there is a partition suit pending in the court and shares have not been declared.
Now merely constructing the house on my rightful share of the property can she claim the right on my share of the property. What are the rights available for me to proceed. How the advocate Commission appointed by the court will decide partition of the suit.
Please advise suitably I will be grateful for you.
Thanking you,
Yours faithfully,
MSN
Y V Vishweshwar Rao
(Expert) 22 December 2010
You are entitled for your share in the Constructed property - which is constructed against the Status Quo orders - report the same to the Court - insist for your share in the said property - Court will call for an explanation for violation of Status quo orders - Court commissioner will suggest to the Court for equitable Partition -
