Suit for declaration and possession
Querist :
Anonymous
(Querist) 11 January 2012
This query is : Resolved
We are living in a house for last 25 years which was in the name of uncle and father. After uncle's death in 2003, in october 2011, we entered into an exchange agreement with uncles son and wife, where uncles son got a godown in exchange of the house property. And, we also, entered into a exchange agreement for a row house for a flat. The possession of the row house, was taken by the son. Uncles, son has also taken possession of the godown forcibly. Also, the son is now with an intention to cheat, and are not vacating the floor after studying the agreement. We are in possession of the other 2 floors and ground floor. They are bactracking on promises a number of times of vacating the house, but are not doing so. They have been verbally abusing us many number of times along with our neighbours who are so called powerful, when asked to talk or vacate the house property.Can we ask the court to get the property vacated. Also, can we file a suit for declaration and possession on the house property and godown and row house, as we have received no consideration for any property.
Raj Kumar Makkad
(Expert) 11 January 2012
You can file a suit for declaration and possession as you have no other option in the given facts. You should also obtain interim stay order against the creation of third party interest during the pendency of the present case otherwise they may further play a trick with you.
Devajyoti Barman
(Expert) 11 January 2012
Yes you can file such suit with interim relief of injunction to seek your redress.
ajay sethi
(Expert) 11 January 2012
agree with experts you cna file suit for declaration and posession .
prabhakar singh
(Expert) 12 January 2012
file suit for declaration and posession .
Deepak Nair
(Expert) 12 January 2012
I too agree with the experts.
