• Self acquired property

Hi
My grand father purchased a land in 1966 in my grandfather name.my grand father has also got some ancestral property.in 2005 my grandfather died and he also made a will to my father for all his properties i.e self acquired property as well as his share in ancestral property.my father is only son to the grand father
My grandfather has got elder brother.after my grand father dead, in 2006 my father and grandfather `s brother are dividing the ancestral properties by partition deed.after that grandfather brother also died.my grand father brother got one daughter. She also died.she got one son and daughter. Now her son has filed a suit against my father claiming a share in my grandfather self acquired property in 2016.more over my father has transferred the property to my name through partition deed.
This suit is pending in district court.he also applied for injunction order.but court has disposed off the injunction suit.

Now i have started to construct my house in first floor in my existing house. 
My lawyer also said that you can construct a house.there will not be any issue

Is there any possibility that he will get an injunction order to stop the construction of my house.? iam little bit worried.
Asked 4 years ago in Civil Law

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23 Answers

You can carry on construction if there is no stay order passed by court

2) any construction carried on would be subject to final outcome of suit

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

No there is no possibility as the property is already partitioned by the grandfather and your father so the family partition is legal and the court shall not grant any interim injunction or final relief as he has no claim over the grandfather property as the ancestral property is partitioned and demarcated.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

In self acquired property of grand father . He has no right. Non issues.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Injunction can be granted till the validity of will and partition deed is proved if court thinks this is what is needed. But judgement will be in you favour as it was a self acquired property of your grand father and remaining was also a share of your grandfather as well as partition was already done. So judgement will be in your favour.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Injunctions typically fall into three types, based on the length of time they are in force..

1) Temporary injunctions : someone to stop doing something for a period of time.

2)Preliminary injunctions : when a case is just beginning, to restrain one party from continuing an action that might injure the other party during the time the case is in process

3)Permanent injunctions :have no time limit. A permanent injunction is often a court ruling at the end of a trial.

If Opponent get injunction order You can file a separate suit for vacate of injunction in Hon'ble High Court .

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You may go ahead with the construction, he is not having any claim in the said property and the suit does not have any lega backing

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If you win the case at the trial court then they will go ahead and file an appeal before the appellate court.

You go ahead with your construction.

They are son of the daughter of the brother of your father and as such have no claim in the property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

He wants to force you to come to a settlement

2) hence he has filed frivolous suit

3) if he was witness to registered partition suit he would not get any reliefs from court

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Firstly Since there is a registered partition deed already executed he won't have any.right in the property which was self acquired property of your grand father as such court will not grant him injunction. He has to approach appellate court against decision of trial court which refuses to grant injunction. File an application under order 7 rule 11 and get the plaintiff dismissed as barred by law based on partition deed.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Off course he can try to get an injunction order against you once your start the construction work.

Having said the above, if there's no stay order in operation as on date, you are free to construct.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

1. If there is registered partition deed he has no case, his case/ suit is not maintainable.

2. They will file appeal to the high court on the injunction order further you file an order 7 rule 11 application for dismissing the suit.

3. Birth does not have relevance but there is proper deed of partition then there is no claim he has

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

As I said after partition. He has left no inhertrnce right as the same was effected before he born and grand father had absolute authority to give his self acquired property to any of his choice.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Your grandfather's self acquired property inherited by you legally can not be claimed by the descendants of your grandfather's brother.

2. Without having any valid claim, the said descendant of your grandfather's brother can not seek any injunction on your conduction construction on your land.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. In the given circumstances, there is hardly any chance of his getting the stay order provided you contest his application fittingly.

2. They can approach the High Court. In any case, you shall get the notice of hearing the application for contesting.

3. Get your lawyer ready to attend the hearing, if he appeal is filed.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

The property acquired by your grandfather along with answers to property which is passed to his only son his only son will have all the right aunty ancestral as well as self acquired property of his father and that can be passed to his legal has only any third party means the grandson of brother of your grandfather have nothing to claim in your property and that is the reason he injection order has been disposed off by the court there is no ground to claim your property he can claim the property of his grandfather only

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

both ancestral and self acquired property ought to have been mentioned

2) if self acquired property was not mentioned then partition was only in respect of ancestral property

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Self acquired property is required to be mentioned.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

No as the same is disposed by will to your father.

Yes it is enough.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

There`s no need to involve self acquired property in partition deed as it was not under joint ownership.

Your father is absolute owner.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. There is no necessity to mention about the property in the said partition deed which is not being partitioned.

2. You should get the details of the property which is being partitioned in the said partition deed i.e. the ancestral property.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

This suit is pending in district court.he also applied for injunction order.but court has disposed off the injunction suit.

Now i have started to construct my house in first floor in my existing house.

My lawyer also said that you can construct a house.there will not be any issue

Is there any possibility that he will get an injunction order to stop the construction of my house.? iam little bit worrie

You have already mentioned that the injunction application has been dismissed, then why do you have the same doubt again that will he get an injunction order?

He is not entitled to any share out of your grandfather's properties by any means.

If at all he has any rights to a share in the properties that shall be confined to his grandfather's properties alone.

Hence you may follow your lawyer's advise and instruction on this which appears to be in a right direction.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

please clarify the below question

1.what are the positives he has got to get a injunction order?. he dont have any papers nothing but a mere words claiming that it is joint family property.in fact he itself witnesssed the registered partition deed between my father and his grand father

He has no rights in the properties that belonged to your grandfather, he cannot say that this belongs to HUF, he has to produce documentary evidence to establish his pleadings, without which it can be termed as false, hence do not be worried about it.

2.main suit is pending in trial court, trial court already dismissed the injuction application based on our counter statement.further they will approach which court.?.

You can get the main suit also dismissed on the same basis.

3.in fact he was not born when my grandfather purchased that property

That you can take it up during the trial proceedings.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

is it necessary to maintain the self acquired property of my grand father in that registered partition deed?

self acquired property was not mentioned in that deed only ancestral properties was divided.is it enough?

Self acquired or ancestral property, all of them belonged to your grandfather because once a partition took place the nature of ancestral proeprty automatically extinguishes.

You dont complicate anything now, let the properties remain in the same manner, they are safe for the present

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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