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B Singh (self)     23 December 2012

Suit for declaration

A house with one shop has been transferred to all brothers and sisters as per revenue records.  All brothers and sisters are living separately in their own home but one brother and I were living to gether.  As due to transfer at my other far place in my absence the brother had occupied the house and does not allow me to enter and apart from that he had taken stay in civil court that the house and shop belongs to him.  Although I am contesting the case and now I want to also file declaration suit for my share in house and shop.  As per all government records like ration cards etc my address is shown in the said house.  Kindly advice if it is right to file suit for declaration and how I shall be entitled for my share in house and shop.  The approx area where the house and shop is build is 1632 sq. ft.

 2 Replies

Adv.S.R.Jaiswal (private practicener)     24 December 2012

u can file counter claim in that suit for partition & seprate possession or u are also haveing remedy to file seprate suit for partition & seprate possession. in that quary u are not specificly mention that for what releif ur brother filed suit. only injungion is claimed or declaration also.

B Singh (self)     24 December 2012

He filed permanent injuction and stated that he lives there permanently whereas I was living there with my mother and after her death my brother took possession of the house and shop in my absence and threats me that if I enter or come here he shall file false case against me.  My advocate has also advised me not to go there untill court decision.  In revenue records the mutation has been registered and done on all brothers and sisters but they are living separately. I have no option but to approach the court and pray that my share in house and shop may be allowed.

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