Frank 20 July 2017

Release deed

There exists an unregistered agreement, dated September 1962, pertaining to an immovable property (structure) owned by a Mother (Expired in 2012) survived by her four children. Three children executed and registered a release deed in favour of the 4th in 2017. Now, this 4th person intends to approach the court u/s.34 to 38 of the SRA, 1963 for a declaratory decree and to obtain an injunction against Municipal Corporation which has issued demolition order, after following due process, against the structure. (It is not known whether the Mother has made a WILL bequeathing the property to her four children, and the WILL has been probated.) Can this approach assist in saving the structure from demolition?

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Arjun Kohli 21 July 2017

The injunction can be granted by the Court, first as an interim measure for which majorly the praying party has to prove the certain existence of causing irreparable injury to the applicant if the concerned action is not prohibited or commande, i.e, if the praying injunction is not granted.

Thereafter, this temporary stay can be converted by validly contesting the case to obtain a permanent injunction on the said issue. However, consult with your legal counsel and share anything you think could be used to build a strong case.