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Can one of the heir stay in property which is under trial ?


09-Jan-2023 (In Civil Law)

Hi sir, My grandma has a property and she have 2 daughters and one elder son. The division of property between heirs are under trial in court. 2 daughters are livings away from the property but now the son avails the benefits of the property by staying there. So my doubt is that whether the one of the heir can enjoy the property which is under trial by court? Or is there any law that court can send a petition to vacate the property till judgement ? 

Answers (2)

Answer #1
792 votes
It is well established law that the co-owners always deemed to be in joint possession. No doubt, the other co-owner can legally enjoy the property. However, practically there will be so many obstacles.
Answer #2
568 votes
There is no provision in law to direct the occupant of the property to vacate the house property without judgement in the pending dispute. You can file an application to restrain him from alienating the property or making any encumbrance during the pendency of litigation.
For other reliefs you may have to wait for the judgement in the case.

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