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Prakash (Consultant)     12 April 2012

Parental property

Hi Experts,

Being  very week in legal context , I would like to request you for suggestions. My mother has a house and she died without making any will. We are three brother and two sisters. We are all settled in different addressess except one brother who use to stay with mother in the said house. After the death of mother he occupied the house fully and using it for business purpose.  Other brother and sisters are not able to spend few days in the said house due to abuse and ill treatment by occupying brother and his family.

 is it possible to restrict him by issueing an injunction order? is it possible to seal the house untill some resolution comes through claim and equal distribition of this joint property?



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 April 2012

Dear Mr.Prakash, 

The court can certainly injunct him from disturbing your peacful enjoyment of the house, you can ask this injunction in a suit for partition or independently. If the going goes too bad, the Court in extreme cases, where it feels that nobody should hold the property and until dispute resolved - it can order appointment of a receiver who would as court's officer and impartial person take possession of the property and deal with it for its benefit.

Feel free to talk!

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Shantilal Pandya ( Advocate)     12 April 2012

you  all have equal shares in the property you  can file  suit for partition of the proprty  and  ask for  interlocutary orders  against your brother,  normaly  courts  do  not appoint receivers  for residential  proprty  which is   occupied by the family members , but   alternatively  can  order  your brother to deposit  periodical payments in to  court   for certain sum  representing  compensation  for use and occupation of the  property  during the pendencey of the  proceedings  the injunction to the effect  that   he  may be restrained  from  your enjoyment of the property  would not  be  practicable  unless there is some  room for such  separate convenient  enjoyment  by all 

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