Unless and until summons are served upon you court would not pass any orders

2) you can through your lawyer check the court records of the case whether summons have been issued or not

3) you can issue legal notice to BIL to vacate your property

4) if he refuses file eviction suit of the trespasser

It is advisable that you engage a local Lawyer and provide him with the case details etc. Ask him to inspect the file of this case and brief you with the ground status. The actual Status with respect to summons etc. will be clear only once the file is inspected by this local lawyer. Based on his report, you may take necessary action.

Hello,

1) If there's no record of summons being served on you on the court records you don't need to worry. It is possible that as you suggested they may have managed the summons (it's possible)

2) Your advocate/ you can apply to the court office concerned and afford to get a certified copy of the court records ( roznama) to find out if indeed there's a report showing service of summons.

3) Successive dates in the court does not always indicate that any proceedings are in progress. If summons is not served successfully the records will show that it is kept for report (of the court officer regarding service of summons)

4) Your advocate can file a caveat in the court by which of the opposite party ever files any petition in the court you will be notified without fail.

you should file a questionnaire before the district court regarding furnishing of details of case have filed against you. court is bound to give information and status of case. if you find that it is shell case then you may file an application before the court to dismiss the case on the ground of fraud or add you as defendant and initiate the proceeding right from the beginning.

If you are damn sure that ther is another case pending against you, better check the details and arrange to appear before the court on the next date of hearing so that the court do not set you exparte on the basis of any fraud played by the opposite party.

This will be in your own interests, your advocate will not save you from the problems that may arise due to exparte decision agaisnt you even if it is obtained by playing fraud on court.

you may have to struggle before court to prove the fraud played by the opposite party at a later date when there is an adverse decision against you, hence take wise decisions at right time in order to defend your interests in your property.

1) brother in law would not be granted reliefs claimed by him

2) you should in reply enclose bank statements, sale deed to show that you had purchased the property from your own funds

3) you would not get rent for 22 years as you permitted BIL to stay in said premises without payment of any rentals

You brother has appropriate right to filed the suit and you are advised to immediately engage a lawyer to file a WS with an application for dismissal of the case on the ground that in lieu of the said beautification he has lived for ample amount of time.

What he is claiming right now is known as Deemed Possession.

More concrete advise can only be given after seeing the paper book, kindly contact a good layer with all the documents in hand.

Regards

If this house was owned exclusively by your husband, your brother in law has no locus to seek any kind of stay with respect to this property. Just because he was permitted to reside in this property for well over 22 years, by your husband, as a good gesture, it isn't the case that ownership has vested in him.

His stay in this house is illegal. After the death of your husband, you and your children are absolutely owner of this property. Get him evicted from the house and get the case filed by him dismissed as the same is wholly not maintainable.

If the property has been sold and some other person is the title holder of the land then there happens to be no point for fighting a case for permanent injunction.

Regards

Let me know if I am factually wrong.

1) plaintiff has to amend the plaint and seek court orders to set aside sale of property

2) as on date no injunction can be granted as you have already sold the property

Once this sale becomes final and absolute with the registry, the suit for permanent injunction would become infructuous. You may get it dismissed on the ground that cause of action no more survives.

Get in touch for any further help.

What rights and provision does my brother in law have to ask for suit for permanent injunction on the basis of above?

If he has filed a suit for permanent injunction alone then his case is not maintainable.

He has no rights in the property in any maner.

If he claims the property on the basis of his such statements mentioned by you in the above paragraph, then it becomes his duty to prove his claim and also he can only claim compensation as money in lieu property.

What should be my action for the same?

You have to challenge the case filed by him on the basis of documentary evidences in your side.

What are the provision and rights I have to present in court to claim for the rent amount for the period of 22 years they have been allowed to stay?

The rent amount can be claimed for the last 3 years alone and not for the entire 22 years period.

Does the claims made by them above hold any legal standing in the court of law?

His claim appears not to be maintainable in court of law.

The property is sold to a buyer and Noida authority have provided the NOC. We have received the transfer memorandum from Noida authority in the name of new owner.Awaiting full and final payment and registry in 2 weeks time.

What would be the next course of action in court as the house we owned has already been sold?

Does the case of permanent injunction against us for this house stands valid?

If there is no order by court restricting you from selling the property, you may very well proceed.

The permanent injunction suit is pending derision by court.

However it not advisable to sell the property during the pendency of litigation on this property.

1) the plaintiff has to amend the plaint make purchaser party to suit [proceedings

2) suit proceedings would continue

The trial in the pending injunction case is going on however since there i9s no restriction by court to sell the property, your mother sold it.

Well, if the decision is coming against your mother then the formalities therion to be followed.

The case will be decided and disposed by court based on the tril proceedings and arguments put forth for and against.

File an application for dismissal of the case and the same will be dismissed, presence of all the parties will be necessary

regards