In my partition case the preliminary decree was pronounced during 2018. I got 4/7th (57.15%) and rest six others got 7.15% each in the decree. Presently I see construction activities are being undertaken by other co-owner who are collectively hold 42.85% in total. I filed for the stay which was granted by the court on [deleted] (just 3 days ago) restraining no construction activities should be carried on. I submitted the copy of the order with Police department, Local body (Municipal Corporation). I am staying at Chennai and the property is located at Rajasthan which is about 2500 KM away from here. I have few question:- 1. The present construction is added on to the existing occupation. If present construction is allowed, then it shall surely be a prejudicial to my interest as the valuation of the new structure shall be taken into account while getting the property auctioned. 2. The status qua of the property is implied as it has existed for more than 64 years. Impliedly the superstructure of the property is already depreciated fully. 3. I issued a notice dated [deleted] which was received by all the co-owners. Having got cognizance of the ongoing construction none has objected or taken steps to stop it. This clearly proves that they all are part of the conspiracy 4. The property cannot be demarcated by metes and bounds. the only solution is to go for auction. in this scenarios how do I proceed? 5.Can I contest the case online from Chennai? 6. Where else I should lodge complaint and what kinds of complaints ?
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1) if preliminary decree is passed then court will appoint commissioner for division of property by metes and bounds
2) if property cannot be divided court would direct sale of property
3) apply to court for appointing commissioner for property
4) your personal presence is not necessary if your lawyer appears on your behalf .only during trial presence is necessary
In a partition case, a preliminary decree is followed by a final decree that divides the property among co-owners. Your preliminary decree, issued in 2018, granted you a 4/7th (57.15%) share, while the other six co-owners received 7.15% each. However, you've observed construction activities on the property by co-owners holding a collective 42.85% share. You obtained a court-issued stay order, restraining further construction, and have informed the police and municipal authorities. You're located in Chennai, while the property is in Rajasthan, around 2500 km away. You have several questions:
Overall, your concerns are valid, especially regarding the potential impact of the construction on the property's valuation and the need to proceed with an auction. However, the legal processes and options available to you will depend on the specific circumstances of your case and the jurisdiction of the court involved.
Matter will dealt in Rajasthan court only where property is situated.
Which city ?
When you are already declared 57.15% claimant than proceed with the partition suit.
If the property cannot be partitioned with metes and bounds, press court to order sale of property.
Greetings of the Day,
I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.
We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.
Best Regards
SPS Law Chambers
New Delhi.
- You shoulid lodge your complaint before the local police in Rajasthan in the jurisdiction of the court
- Further, as you are living in Chennai , then you can instruct your lawyer to file the Contempt Peition before the court , if police not taken action on your complaint
- However, you can appear through VC after informing the said court.
Since you have already obtained an order of injunction against them restraining them from proceeding with their construction activities, you may file a contempt of couirt petition iof they disobey the court orders and also seek police protection in this regard and to stop them from proceeding.
For this you may have to fight it by attending the court physically or through your lawyer, no online contest will be entertained by court.
You can contest it online unless the case is conducted online by court.
Here are some responses to your questions:
Challenge to Construction Activities: You've already taken a positive step by obtaining a stay order to prevent further construction. If you believe that allowing the construction would prejudice your interests, it's essential to continue pursuing this matter in court. Your lawyer can file an application for permanent injunction or any other appropriate legal remedy to prevent construction that may affect the valuation of the property.
Status Quo of Property: The existing status quo of the property can be an important factor in partition cases. You should document and present evidence in court to support your argument regarding the depreciated superstructure.
Notice to Co-Owners: The fact that you issued a notice and the co-owners did not object to the ongoing construction may be relevant in court. Your lawyer can use this as evidence to establish that they were aware of the construction activities.
Property Demarcation and Auction: If demarcation of the property is not feasible, and if you believe that a fair division cannot be achieved, you can request the court to order the sale of the property and distribute the proceeds among the co-owners as per their shares. Your lawyer can file a partition suit for the sale of the property.
Contesting the Case Online: Courts in India have increasingly started using online platforms for case management and hearings. Depending on the specific court and its procedures, it may be possible to participate in the case online from Chennai. Your lawyer can guide you on this and help you set up any necessary online appearances.
Lodging Complaints: If you suspect wrongdoing or conspiracy by the other co-owners, you can consider lodging complaints with the appropriate authorities. These could include complaints related to property fraud, criminal conspiracy, or other relevant offenses. Your lawyer can advise you on the specific complaints to file and where to file them.
1. My next date is [deleted] and during last hearing date [deleted] court had already granted injunction or prohibitory order to not to carry on any construction activities at the site, but I find the construction activities have been completed and the co-owner who is having mere 1/7th portion has started staying in the presently constructed area. All this I came to know through my friend who sent me a photograph of the property and then by calling my co-owner who is occupying the newly constructed area. He is adamantly saying that his advocate suggested him to do so. I have a full audio record of the conversation with him. 2. Can I contest as party in person and make my submission in English. Being from Chennai I find it impossible to draft in Hindi and make submission. 3. Can the recorded audio and WhatsApp texts be taken as testaments in court? 4. As it is proved now that there stands contempt of court, can I seek a court order to make the police file FIR and arrest all who contempt court. 5. Can I file Police complain against the two other co-owner who gifted their respective share to another co-owner (who is presently in occupation). This is in spite of prohibition by court whereby in preliminary decree the court has apparently stated to not to transfer any share to any owner until the final decree is pronounced.? Can I file Contempt petition for this in the court too. 6. Almost for about last 40-year water bill is paid by me only. Presently since 2019 I have been paying for this through online site. Can lodge a petition to cut the water and EB connection of the house? This is based on the averment that the present co-owner who is staying occupied the property is having mere 1/7th of the property.
If any construction activity had been carried on in violation of court offers take out contempt of court proceedings against the defendant
2) it is better to engage a lawyer for making your submissions .you can make submissions in English language
3) you have to enclose transcripts of audio recordings and messages
4) you can take out contempt of court proceedings against other co owners
5) don’t pay electricity and water bills .it would be disconnected
1. Since, the court has already passed Injunction order , then no party can carry any construction work , and a contempt petition can be filed before the same court against him
2. Yes ,
3. Yes
4. Yes
5. Yes
6. You can file an application before the court for getting the same.
1. If the co-owner has violated the injunction order granted against him, then you can file a contempt of court order agaisnt him and can push him inside.
2. There is no restriction for that. If you are aware of the court procedures you can very well appear as a party in person.
3. No, they are not admissible as primary evidence, you can adduce them as secondary evidence by complying with the procedures as stipulated under section 65B of the Indian Evidence act, provided if it is relevant to the subject.
4. You have to first file a petition seeking legal action for contempt of court.
5. You can file a contempt of court petition only and not a police complaint.
6. You cannot seek to curtail the essential services/amenities to the occupants of the property, however you can highlight your grievances before court.
Yes you can do all of the above
Dear client,
Here are some responses to your questions:
Challenge to Construction Activities: You've already taken a positive step by obtaining a stay order to prevent further construction. If you believe that allowing the construction would prejudice your interests, it's essential to continue pursuing this matter in court. Your lawyer can file an application for permanent injunction or any other appropriate legal remedy to prevent construction that may affect the valuation of the property.
Status Quo of Property: The existing status quo of the property can be an important factor in partition cases. You should document and present evidence in court to support your argument regarding the depreciated superstructure.
Notice to Co-Owners: The fact that you issued a notice and the co-owners did not object to the ongoing construction may be relevant in court. Your lawyer can use this as evidence to establish that they were aware of the construction activities.
Property Demarcation and Auction: If demarcation of the property is not feasible, and if you believe that a fair division cannot be achieved, you can request the court to order the sale of the property and distribute the proceeds among the co-owners as per their shares. Your lawyer can file a partition suit for the sale of the property.
Contesting the Case Online: Courts in India have increasingly started using online platforms for case management and hearings. Depending on the specific court and its procedures, it may be possible to participate in the case online from Chennai. Your lawyer can guide you on this and help you set up any necessary online appearances.
Lodging Complaints: If you suspect wrongdoing or conspiracy by the other co-owners, you can consider lodging complaints with the appropriate authorities. These could include complaints related to property fraud, criminal conspiracy, or other relevant offenses. Your lawyer can advise you on the specific complaints to file and where to file them.