• Married daughter's right on father's property

Sir,  father didn t will the flat. what are the steps one has to go through inorder to get her rights as legal heir. served 3 notices to the society as well as remaining 5 legal heirs asking for the documents signed between the mother and society/builders. but still no reply. got injuction on may 15/2015 brother replied for mother as she is 78 yrs old. rest 4 defendants no reply. vkil not making builder party. builder going on releasing payments to mother. can i get NOC frm him change vakil if so hw. brother abroad i doudt his integrity. advice..signed vakalatnama since im in chennai.
Asked 8 months ago in Property Law from Greater Mumbai, Maharashtra
Religion: Hindu
1) you have to amend the plaint to make builder a party to the suit 

2) seek injunction restraining builder from releasing payment to your mother and to deposit rentals in court 

3) you are at Liberty to change your lawyer . Request advocate to give NOC
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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On account of heavy backlog of cases  Suit would take around 10 to 15 years to be disposed of
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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builder is necessary party in your case. so file an application under order 1 cpc for addition of party. you can change your advocate without NOC if he not making representation of your case properly. 

you should apply for publication regarding appearance of parties in court. then enable the court to pass ex parte decree in your case if they not appear in court.  
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
What was injunction sought and granted against? Be that as it may, you are free to file a suit for partition to cull out your share. The advocate can be changed by obtaining NOC from the present advocate. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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Unless the builder is a party he does not come within the sweep of injunction ordered by the court. So if you want injunction to operate against him then he is required to be made a party.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
You can implead the builder any time in your suit if necessary. In your case builder is necessary party.
And apply stay for restraining builder from releasing payment to your mother.
You can change your lawyer if you wish so.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
got injuction on may 15/2015 brother replied for mother as she is 78 yrs old. rest 4 defendants no reply. vkil not making builder party. builder going on releasing payments to mother. can i get NOC frm him change vakil if so hw. brother abroad i doudt his integrity. advice..signed vakalatnama since im in chennai.

If there is an injunction then how is the builder paying or relasing the payments?
I believe you are not knowing the full details of the cae or your lawyer has hidden lot of things from you. Better ask your lawyer about the status and facts of the ase or change the lawyer by getting NOC from this one and choose a good lawyer who cooperates with you properly.
You should know what type of injunction is operative? 
What case has been filed and against whom and what was the reliefs sought?
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
how should i proceed further inorder to make builder the party so tht he stops payment to nominee mother

What is the payment being made by the builder to your mother?
You can file an application to implead the builder as a necessary party to the suit for the reliefs to be sought against him owing to the present irregularity of making payments to your mother alone when there  are more legal heirs to your deceased father.
You can engage a new lawyer and file a petition to amend the plaint by impleading the builder as an additional defendant.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
kindly advice to speedup the case with good results.

You have to first get a NOC from the previous lawyer and engage a new lawyer who has experience and skill to handle the situation effectively and expeditiously. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
no more quesstions

Fine, thank you.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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