• Property dispute

I am one of the three children of my Father. My father had registered a settlement deed in favor of me (self-acquired property not ancestral) in 2009 with him having life interest (To receive rent etc..) till his lifetime keeping in mind that I'm physically disabled and facing a tough time to meet ends for me & my family and it was made to know by him to my sibling during his lifetime. Despite keeping life interest for himself my father had voluntarily given me a small portion monthly of his income during in order for me and my family meets ends since I wasn't able to work due to my disabled condition. My dad passed away last year and my siblings who up until his death had no issues had suddenly written letters to the tenants under my settle portion to not pay me the rent and threatened them with legal actions if they do so and fearing that those owners filed a case in rent control to deposit the rent in court and the case is pending in court. Suddenly last week I got a post from the City Civil court stating that my sibling had filed a suit against me stating that I obtained the settlement deed through coercion and fraud and they also filed an ad-interim mandatory injunction seeking to deposit all the rents/profits from my settled portion in the appropriate court. While I know that the suit was filed by my siblings to harass me legally since I'm physically disabled and dependent on the rent from my settled portion to meet ends. so, I that they get an equal share in my settled portion (mentally pressuring me using litigations). I would be grateful for you if you can let me know what are the chances that an ad-interim mandatory injunction can be granted against me since the suit may take years to get disposed of and If it is granted before trial in favor of my sibling it may cause huge damage to me and my family as we are dependent only on it to meet ends.
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1)court would not grant ad interim mandatory injunction for deposit of rent received by you from tenants in court

2)court would only direct maintenance of status quo ie restraining you from selling the property gifted to you

3) settlement deed was executed in 2009 and your siblings were fully aware of the same yet till 2017 they did not take any legal proceedings to set aside settlement deed

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

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you should not face problems

2) raise the plea of limitation that gift deed was executed in 2009 and your siblings were fuilly aware of the same

3) court would however restrain you from selling the property gifted to you pending hearing and final disposal of suit

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

I would be grateful for you if you can let me know what are the chances that an ad-interim mandatory injunction can be granted against me since the suit may take years to get disposed of and If it is granted before trial in favor of my sibling it may cause huge damage to me and my family as we are dependent only on it to meet ends.

The registered settlement deed cannot be nullified by your siblings through the suit filed by them.

This is legally valid document and settlement if legally valid, it canot be vitiated since it is a registered document executed by the donor during his life time and very well within the knowledge of he people who agitate it now and also it can be termed as valid for the reason the the door had been enjoying the life time interest by collecting the rent till his death.

These are certain very advantageous situation and grounds by which you can challenge the suit filed by your siblings.

You have to vacate the interim injunction granted by curt by filing a strong counter to their application seeking interim injunction.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Am I to understand that I won't have any problem from the court in receiving my future rent from the tenants under my settled portion till the suit is disposed off?

As per the settlement deed in your favor you are the rightful owner of the property. Therefore there is nothing illegal in you receiving the rent from tenants.

If the tenants deposit the rent in court, you may file an application to withdraw the same since you are the absolute owner of the property.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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