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malathi (J)     18 November 2011

Construction in my ancestral property

Hello everyone,


Without my consent, my brother started constructing home in our ancestral property - last week. How can i stop his construction work immediately ?  How long will it take to get a stay order from court ?





 7 Replies

kumar t v s (advocate)     18 November 2011

If restraining your brother is the only relief you are seeking than file a suit for injuction praying for restraining your brother from making construction in the joint ancestral property.


Temperory interim orders granting injunction or stay may be granted upon filing the application.

1 Like

Advocate M.Bhadra   18 November 2011

Lodge a diary to the local Police Station and file a suit for Injunction and Declaration in Civil Court,you can also file a case u/sec.144 Cr.P.C. in Magistrate Court.

1 Like

rameshindirajith (advocate)     19 November 2011

u can very well approach the civil court by the way of filing injunction suit or for partition suit. Till disposal of the above suit u file an application for intrim injunction and to appoint advocate commissioner to project the status of the property before the court.
1 Like

Bharatkumar (ADVOCATE )     19 November 2011

I think first u meet your brother for that and discuss with him about  why u  start a construction without my consent.  OR u file a civil suit for that. 

1 Like

malathi (J)     19 November 2011

Thank you everyone.

@Bharatkumar : my brother is not listening to me and never willing give my ancestral property share.

Pushkar (DR)     23 November 2011

I have been in such a situation before. I do agree with the expert opinion regarding the temporary injunction assuming that either you or your parents are a co sharer in the revenue records along with your brother, However, I would like to further clarify who has been in possession of the property and for how long?? This is a very important point that courts consider in such suits.

Advocate Vishnu (Advocate)     23 November 2011

Dear Malathi,

The property will devolve on all the legal heirs .Your brother cannot exclude you from your share. under sec 6 of amended Hindu succession act, daughters are given equal status as that of the male co - parcenors.I fully agree with Mr.Pushkar's observation. Possession of the property plays a very important role in determining the outcome of such property suits. You may file a suit for partition and possession with an interim injunction restraining change in the nature of the property until the disposal of the suit and from third party alienation of the said property.

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