My father's property not divinded physically but divided on paper equall
Ravi kumar Pokala
(Querist) 09 May 2011
This query is : Resolved
Dear Sir,
My Father is expired 5 years back and we have transferred property on our names(my self, 2 brothers and my mother). But the physical partition is not done and the whole land is cultivated by one of my brother.
Now we would like to divide the land in equal shares but my brother is not willing to do that and he wants to cultivate the land in the future as well. He also applied for the perpetual injunction on the share of his land though there is no physical division exist in reality, he created boundaries him self and sent us lawyer notice which prays "Perpetual Injunction" to the court.
then rest of us filed a partition suite in the same court.
my question is will the court sanction "perpetual injunction" on the land for my brother.
Is there any way to check whether injunction is granted or not?
Please provide me the information
adv. rajeev ( rajoo )
(Expert) 10 May 2011
No court cannot pass any injunction against the co-owner,co-sharer or joint owner.
R.Ramachandran
(Expert) 10 May 2011
The court will consider the partition suit, order for partition by metes and bounds. Thereafter each one of you will have definite land. If at all, only after such a partition by metes and bounds, the Court may pass any injunction (permanent or temporary) in respect of that portion of the land which falls to your brother. Otherwise, as rightly pointed out by Mr. Rajeev, the court cannot pass any injunction order against the co-owners in the current state of the property.
Ravi kumar Pokala
(Querist) 10 May 2011
Thanks you for your reply sir. As per your your answers what I understood is though land is divided on the paper court will not issue injunction order until and unless the partition is done by metes and bounds.
Could you please reply to the other question on where to get the status of the both the suites
1. Partition suite filled by us
2. Perpetual injunction suite by my brother.
M/s. Y-not legal services
(Expert) 11 May 2011
Am agree with both experts.. Even my suggestion is you can file a application for appointment of advocate commissioner for physical partition..
