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Gaurav Sharma   15 February 2021

Can i renovate my property under civil suit?

Dear All,

My father has bequeathed me his house via registered will - I have two brothers who have filed civil suits in 2013 challenging the will.

My lawyer at the time did not deem it necessary to call witnesses to the lower court to testify the registered will, and as a result I lost the suit in the lower court and appeal at DSJ. An appeal in the Punjab and Haryana High Court is pending since 2016.

The PHHC has given an interim injunction - "In the meanwhile, status quo regarding transfer and possession of the property be maintained."

The property has been transferred in my name before the onset of this civil suit and I am legally in possession of the property. 

I now need to renovate the property slightly for my personal use - my question is, can I legally renovate the property keeping in view the ongoing suit and the interim injunction? 

What is the right procedure to go ahead with the renovation? Can I proceed without taking any permission since the interim injunction is related only to maintaining transfer and possession status?

I look forward to your views on this.

Happy to take a paid consult with anyone who can please answer my question in detail.

Many Thanks!



Learning

 2 Replies

Advocate Bhartesh goyal (advocate)     15 February 2021

Although court's order to maintain status quo on transfer and possession of property even then you can not change/alter the construction on garb of renovation, you can just carry out essential repaires in property.

Sankaranarayanan (Advocate)     29 April 2021

yes  if it necessary to repair then do or otherwise  wait till the judgement and Decree


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