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Sudha   28 July 2015

Anticipating joint property dispute

Respected Sirs,

We, 4 sibling & our mother occuping and possessing a property whose title jontly in the name of our late father Shivan and his late brother Sudhakaran.. by registered partition deed of 1960.

The late brother (Sudhakaran) of our father expiered in 1969 unmarried without wife or children.

They have other brothers, late Sreenivasan and late Sankaran

The said property consists of an old house and old two Rooms in the road side. ( which is in our possession, since partition)

Now we plan to start a coffe shop in the two rooms. which is by the side of road.

We anticilate dispute or objection from some of the Legal heirs of late Sreenivasan & late Sankaran as Class II heirs for the property of late Sudhakaran.

My doubt is if we open the coffee shop, can they bring in stay order or injunction etc., to stop opening of the shop?

Even if they venture to do so, is it not that they have to bring in stay with a partition suit?

There are more than 50 legal heirs as class II heirs of late Sudhakaran, who are scattered in various parts of the country and abroad.

Whether the court will allow the stay or injuction against us or can we start the coffee shop and run it, even they file a suit for partition.

Kindly enlighten me sirs...

 



Learning

 2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     28 July 2015

Sir,

 

No matter what, Class II heirs have a right and they can seek their right through the court. Your anicipation is correct.

 

Warm Regards

Kapil Chandna Advocate

9899011450

1 Like

Sudha   28 July 2015

Thanks for the reply respected Sri.Kapil Chandna sir,

 

My doubt is if we open the coffee shop, can they bring in stay order or injunction etc., to stop opening of the shop?

Even if they venture to do so, is it not that they have to bring in stay with a partition suit?

There are more than 50 legal heirs as class II heirs of late Sudhakaran, who are scattered in various parts of the country and abroad.

Whether the court will allow the stay or injuction against us or can we start the coffee shop and run it, even they file a suit for partition.

Kindly enlighten me sir...


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