• Can I stop construction without having property papers and using just court case papers?

My elder brother, sister and I have inherited a site from my father. My brother is trying to force us to sell our share to a builder known to him. My sister has filed a partition suit and I am a defendant. But my brother has gone ahead and given the property papers to the builder. I know this only from my brother's oral statement -there is no document.The builder has started construction and the digging for foundation is underway.

I do not have even a copy of the property papers. Can I file a police complaint or get a court order just based on the partition suit court papers?
Asked 4 years ago in Property Law
Religion: Hindu

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22 Answers

1. If you don't have the original property papers, you can obtain certified copy of sale deed from the jurisdictional Sub-registrar's Office.

2. Certified copies are treated on par with the originals.

3. You can obtain Encumbrance Certificate from the Sub Registrar's Office. EC reflects the complete history of the property.

4. After obtaining certified copies of the documents, you can knock on the doors of the competent court.

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

You can file a suit for permanent and mandatory injunction along with interim injunction against your brother in order to restrain him from doing any construction in the property.

Police would not entertain your complaint as it is purely a civil matter. If your brother does any construction even after there is injunction order by the court, you can file an application for contempt of court in the same court which has granted you the injunction order.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

1) To file case in court also one needs a property papers. So you get property papers from registered, tahsildar, municipal corporation etc and then can file a complaint against your brother and builder.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Client,

You should have asked court to pass status quo order. complain to police also, that builder trespassed in your property and created mischief.

Highest he can do is to sell his share i.e. 1/3rd, on rest area, builder act is an offense.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

in partition suit seek injunction restraining brother from selling the property and for carrying on any construction on the property

2) rely upon photographs of construction being done on site

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

You should consult an advocate and file temporary Injunction in lower court.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

No you cannot do that normally in these cases police will not take any action and you have to approach to the court to get the stay on construction or status quo to stop the construction

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

You can get certified copies of the document from various sources and also copy of family tree. You can file interim application for staying the construction since you are also a co-sharer without your consent the builder cannot construct. The court at least grant status quo order.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You can get injunction against the builder based on the partition suit filed by your sister or can move an application for injunction in same suit if your sister has not filed for injunction also if she has got stay on not to alienate the property file an application for contempt against your brother. Can contact me in mysore for further assistance

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You can get the suit paper and certified copy of your property documents from sub registrar office by paying nominal fees and also you do not need original to obtain certified copy.

Please note you need to file a separate injunction suit against builder and in same suit you can get injunction against brother from not to alienate property if your sister has not sought for same.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1)Do you have name of the parties , location of the property

2) with these details search clerk in sub registrar office can find out details of when sale deed was executed

3) you can then obtain certified copy

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

There`s no need of copy to apply for certify, get it through lawyer.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. if there is constructions going on in the undivided joint property where each one of you have share in every inch of it till the ambition is done by metes and bounds , you can seek the remedy from court to stop the constructions.

2. To do so your sister can file a suit for partition seeking injunction on further constructions of the property.

3. If your brother does not dispute as regards the title of the property of your father then no further proof of title is required.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. For obtaining the certified copy of sale deed and EC, there is no need to have copies of documents.

2. To obtain the above documents, you have to sign and submit Form No.22(which can be obtained in Sub Registrar's Office) and fill up the column under SL.No.4 - Description of the property and fill all the details and submit in the jurisdictional Sub-registrar's Office and pay the fees.

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

Approach the Court and get a stay(an order as to protection of status quo)

Consult a local lawyr to know the documents which be required to contest this claim.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You can provide survey number and detail address of your property. So I can provide you all details of your property.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You can prepare the certified copies of the property papers from sub registrar office where the property is registered. For taking out the certified copies, you do not require the original title deeds of the property.

You can find some person outside SRO to do the needful for you.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Sir file an interim stay application before the court to stay the construction or it better to ask your sister to file an stay application as she is plaintiff and further you can seek same relief in same.

Further the copy of property documents can be obtained form the subregistrar office.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir reach out sub registrar give the survey number of property based on survey number you can get a name search of previous owner and based on that you can get extract.of property and ceritified previous sale deeds.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

you can get the papers from the public offices if you have details of the property. it is not a big problem. Agents/Brokers are there in Bengaluru City to get you any document of your property then file interim application before the Court and get the construction stayed. If failed in lower court then rush to the higher court, result will be 100%.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

If the builder is constructing the property then he should be doing so under a contractual agreement with your brother, hence it is pertinent that you have to obtain an injunction against him and the builder immediately to stop the construction till the disposal of the partition suit.

Actually the plaintiff t]\i.e., your sister only should file an injunction application under order 39 Rule 1 and 2 seeking to restrain her brother from going ahead with the construction.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

First you take an EC in which you will find the document number and after that based on the document number you may obtain the certified registration copies from the registrar's office, you do not have to go through an agent you can apply for it directly also.

However since your sister only has filed the partition suit, hence you may obtain the copy of the document from the court itself which has been filed by the plaintiff to conduct this case.

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T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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