Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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amit (Asst. Manager)     01 September 2011

Unauthorised construction on disputed property

Dear All,

I have filed a case for a property, jointly owned by me and my 3 brothers. At present they(3) are running the family business and are not providing me access to the same or even my share of profit.

I have filed a case in civil court about 2 yrs back and i also got a favourable outcome, in which the court ordered my brothers to provide me Rs. 15000 pm till the court decides whether total partition should me made.After that they have moved to District court against the order.

In the meanwhile they are constructing adjoining buildings on the property and also godowns and garages without consulting me or even informing me.

My question is simple:

1. Whether they are allowed to do so, if the case is pending.

2. What action can i take to stop them from doing so.

3. Suggest me any possible action that i can take.

 

Thanks,



Learning

 1 Replies

SANJAY SHARMA (ADVOCATE IN CHARGE)     02 September 2011

amit ji

 

you have to file a suit under order 39 rules 1 & 2 read with section 151 of cpc to stoping the constructing of your brother on suit property.


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