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Civil Suit Partition - Family Dispute


08-Jul-2023 (In Property Law)
Hi, we have two floors on property. My uncle/family was staying on ground floor. We are living on first floor. The second floor was built to meet family requirements for additional rooms by my father, but there are no legal papers for second floor. My uncle/family took possession of two rooms on second floor for his sons marriage but never returned to my father and took possession of rooms by fighting with my father. It's been few years now they have possession of them. My uncle filed a civil suit against my father in 2019. The suit is in pending status. During suit dates it was ordered by court that the ownership of groud floor is with uncle and first floor to my father as per WILL. The court narrowed the decision that dispute is of second floor only now as no mention in WILL. Now main question is my uncle most probably have sold the ground floor as we see new owners, also it seems the two rooms on second floor might have also been sold. Is this legal ? The court suit is still ON.
Answers (5)

Answer #1
721 votes
Firstly, you have to restrain the new owners to take the possession of the dwelling house. Secondly, if the dispute is already pending qua second floor then you need to immediately seek stay against your uncle for selling it to anyone. For any further legal assistance please feel free to contact

Thanks
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Answer #2
592 votes
sir if any order of status quo was passed regarding the property then your uncle is in violation of the said order and he will be punished for contempt of court.
for providing you a better overview I will have to go through the documents that were filed in the civil suit.
for further queries please feel free to contact
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Answer #3
916 votes
You might have already hired your advocate for these cases, so I would recommend that you must ask these questions from your own advocate because if you are posting these questions it will make you more confuse because different advocates might have different opinion …so if you think that your advocate is not serious or not working properly only then look forward to have different advocate accordingly… if your advocate is doing something really good then you should not post all these questions thank you
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Answer #4
556 votes
Hi
We will need to discuss this case in detail. Will need to understand the chain of events in a better way to guide you better through the process involved here.

Please feel free to reach out for a consultation.

Regards
Adv. Abhinav Sharma
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Answer #5
919 votes
if there is stay then it can't be sold .... if u want u can get stay on second floor.... in case uncle has sold second floor and there is stay u can hold uncle liable for same.... or if u win the second floor in your favor u can evict the new purchaser
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