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SeenaSeena (Associate)     12 March 2013

Urgent - property dispute

 

Hi,

I am in need of a suggestion or advice our disputed property.

Myself and my elder brother has made a partition deed where in we have agreed upon distributing our mothers Properties among us. Schedule 1 property is of 120*80 Measurement where in the built in area is of 19 Sqft and Schedule 2 is of 35*30 Measurement where in the build in area full 35*30.

My brother this is partition deed in the interest of safe guarding the asset from my father who was away from us for 5/6 years. But still he was still in touch with us. Currently my father is staying away from us in a different city, & my mother expired as on 2007. The partition deed was made between my brother and myself without my Father’s knowledge in the year 2008.

After 3 years from 2008 my brother started claiming that the schedule 1 is completely his property and he will not be giving me a little portion of it also. Then I realized that I was cheated by my brother and I really made a mistake signing the documents in the sub register in 2008. Then I approached my father and explained the whole scenario and he also wanted to put a case against us. Then he approached a lawyer and filed a case against us. Now I am supporting my father to this case.

Now the question is:

There is a court case going on, still all the three parties hasn’t been called for court hearing, as its still in initial stage As I said that there was a house built in the schedule 1 property for 19 sqft and the house was in bad stage and nobody was staying there. Now currently my brother is renovating that house silently and wants to move to that house without informing to anyone. 

Questions:

  • As his brother, what legal step I can take to stop him to move to the Schedule 1 house. Please advice.
  • Also please advise is it the right thing what my brother doing by renovating without informing as the case is currently there in the court against property. What legal action can be taken by me or my father?.
  • What are the benifits he will enjoy if he move and takes the position of the property. 

Important Notes: Still katha hasnt been changed to his or my name on both the scheduled property, though partition deep was made and signed in subregister office. 

 

Please advise.



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 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 March 2013

You can file an injunction petition. injunctive relief n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction. Such an act is the use of judicial (court) authority to handle a problem, and is not a judgment for money. Whether the relief will be granted is usually argued by both sides in a hearing rather than in a full-scale trial, although sometimes it is part of a lawsuit for damages and/or contract performance. Historically, the power to grant injunctive relief stems from English equity courts rather than damages from law courts.


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