Civil Procedure Code (CPC)

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Nirali Nayak   13 June 2021

Property dispute

My mother filed a partition suit against my maternal uncles for her share from my grandmothers property before the lockdown. My maternal uncles are now constructing on that property & selling the flats to outsider. Can we get injunction when court starts?
 



 2 Replies

Advocate Bhartesh goyal (advocate)     13 June 2021

Yes, you can get injunction during the lockdown period.For urgent matters litigant can approach court through E - filing system and argue the case via video conferencing.

1 Like

Vasundhara Singh (Student)     15 June 2021

 Hello!  

Hindu Succession Act, 1956 lays down the provisions for distribution of property in case a female dies intestate that which means without a will. According to the Act, the property is distributed equally among her sons and daughter and it does not discriminate between the genders. After the 2005 amendment in the Act, all the daughters, married or unmarried have a right to property in their parents’ property.   

In your case, your uncles don’t have a right to start construction on land without your mother’s permission, and if she is not interested to give her part of the property under construction, she can file a suit for partition. Her brothers cannot construct anything on the land before the partition. While filing the suit for partition, she can also pray for an injunction from the court against her brothers from moving ahead with the construction.  

Regards  

Vasundhara Singh  


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