Stay order

You may execute a general power of duly notarised or attested by Indian High Commission or Ambassador in that country, engage a lawyer in the local, file a partition suit and also an interlocutory application seeking an injunction restraining your uncle from proceeding with the proposed/repair/construction in the property that belongs jointly to everyone in which you have rights and interest.

Respected  Sri. T. Kalaiselvan, ji

I have a query  in a similar situation, that is why I post in this thread

That joint holder family dwelling in a house in a joint property for more than 50 years now.

Can another co owner or co owners, co sharers, or joint holders restrain the family from doing repair work of the house as part of maintenance or renovation? So far NO civil suit or partition suit is filed by anybody.

@Bhani Athreya:  In a joint dwelling, if the condition warrants an immediate repair to the structure which endangers the household members lives living under the shelter, the repair work can be very well carried on, the other co sharer until and unless not disturbed with their peaceful enjoyment of the property cannot object to such repairs, however, they can approach the civil court seeking necessary relief only though due process of law and not by taking the law into their hands.

Respected  Sri. T. Kalaiselvan, ji.. Thanks very much for the kind reply.

The major share holder ALONE is living with family in the joint porperty.  and living in the house and enjoying the same for the last  years or so without any interference from them.

The other  co owner or co owners, co sharers, or joint holders are not at all in the compound or anywhere nearby. They live in the same city but in different locations.
So as advised by you we can do repair or small renovation work especially when there is no civil suit or any case has been initiated by them.
But can they get a stay or injunction from the court, if we start work?
That's our anxiety.
Sir, kind regards...

Since the building is in dilapidated condition unfit for living, you can carry out the repair work to the barest minimum extent without making major alteration to the structure, however, an information or consent from other co-sharers may be obtained , in case they decline to give their consent, in view of detrimental living conditions, you may go ahead with the proposed minor renovation/repairs,but if you apprehend the co-sharer to obtain injunction for this, you may file a caveat petition against them  in advance and go ahead  with your proposal.

Respected  Sri. T. Kalaiselvan, ji.. Thanks very much for the kind reply.

I sincere say that this forum is of great help to laymen like us in legal mattters.

Needless to say   kind hearted Experts  like you are doing a yeoman service to legal aid seekers and general public.

Thank you once again sir

Dear Sir,

I am thankful to you and experts helping helpless people due to circumstances. your valuable and legal advice has played very important role and helped to handle the situation very nicely.

Please, guide further for the same concerns for

The house and land is by the name of my Late. Grandfather, mentioned him as Gair Marusi. The land status is written in urdu as (Banjar Kabile kast bvajah pakjadi) which i understand unfirtile land but can be make firtile and is given to member of same family/blood line (to my grandfather by his brother).

In the column name of kashtkar and Ahwal, the name of three sons of my grandfaher is there and furhter mutation by our names (cousions)

The column  of  OWNER's name and Ahwal is empty.

1. Can real owners sale that property to some one else though they have no possession now neither at home nor open land. That all possession is with us

2. Today I asked revenue officer/patwari about

  1. Can real owner sale. He replied No.

2. if I further give my property on rent, can real owner sale it to my tenant as will be having possessing of part of property being tenant. He replied no.

3. i asked him how to be real owner of property as lagan was not paid by my grandfather to his brother who was real owner (now his next generation) in papers as it was written pakjadi khandan (whos menaing enterpreted by revenue officer/patwari as the brothe of my grandfather was rich man/farmer and did not want any revenu/lagan from my grandfather.

Revenue officer told me to apply in court to be real owner and then court will call real owner and ask them to make us (generation of my grandfather-his three sons only one uncle is alive my father and other uncle expired).

Plese, guide how simple/complex this procedure is. The house i am having possession is build by me by my own money by demolishing old house being not in a position to live in.

Thanking you in anticipation as I do not want to rent my property with a risk of loosing it to tennats if they get friendly with real owners on paper, as i live out of my town in himachal for employment reasons.

Kind Regards