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radhika   18 January 2015

Injuction order

My father's mother and her daughter is trying to sell their property with some cents from my land. This is an ancestal property which was jointly held by my grandmother and my father. When my father died my grandmother was not willing to given up her right on my father's property. So this land does not have any partion wall or boundary. Just last year she gave up the rights but didnt want to divide the property till her death. But now she wanted to sell her part. When we measured, my father's land is reduced in half, it is inside my grandmothers share. I asked her to postpone selling till I find out what happened to the rest of the land. They are secretly trying to sell it off. 

My option was to get an injunction. The magistrate in my village is new and she has not given a single injunction order. Knowing this, my advocate added an additional letter stating the emergency of the situation. Still didnt get the injunction, instead she kept a commission to find out the situation. Three people came from court and identified the problem. Now letters will be sent to my grandmother and her daughter and there is a hearing by the end of this month. When they find out I have moved legally they will sell they land fast. There is no injunction order to stop it as well. What should I do, should I stop court from sending out the letter to them or is there any other way I can get an injunction order. I feel instead of injunction this has moved directly as legal case against my grandmother.

Please advise.


 4 Replies

Advocate Vishnu (Advocate)     18 January 2015

Pl ask your advocate to file for a temporary injunction and send the copy of the order to the local sub - registrar's office for stopping the sale until the matter is cleared by the H'ble court.

adv.raghavan (Advocate,9444674980)     18 January 2015

It is better to file partition suit for your fathers share. I doubt court will grant injunction because you do not have possession of property .Once suit for partition  is filed the property gets litigated, any one dealing with it, will have second thought..

radhika   19 January 2015

I asked to get the injection order but magistrate did not feel injunction order is the right thing. I talked to the commission who came to inspect the property, they feel magistrate felt this could be a better way. They also said it has moved as a case. They added additional letter will be sent to register office to stop any registration and that normally no one will buy land when there is a pending case. But my advocate told me that they could still sell the land if some real estate person can buy it even if there is a case pending and I will have to fight with them. My land is partitioned, have partion deed, there is no partition wall. Recently they kept a private person to mark boundary without informing us. Now they have measured what they want including what is missing from my property.

adv.raghavan (Advocate,9444674980)     19 January 2015

From you query it seems the court had appointed advocate commissioner in this regard, wait for the outcome. I do not think it will  be wise for anybody to purchase this property, including real estate agents, when the property is litigated, even if happens to be distress sale,either they have to  gift land for your property or you have sell your share to them, or you have to buy the entire property or both of them should find out for a buyer for your property. Apart from these things, anything done will invite litigation and the buyer will have long standing problem and he will be made party to all the proceedings including criminal one.

Nothing more to add, i wish you all the best.

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