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Deprived from Ancestral Property:: Use Partition cum Injunction against Builder & Relatives

Category: Property Law

Published On: November 25, 2015

By: AKA

Comment: No Comments

My near relatives cheated me. They kept my name out of the Agreement with Builder relating to our ancestral property which is being demolished to build a Flat. While I shied and took no legal step as they promised me to compensate afterwards, they kept me out of the loop and went ahead. I am a software engineer with no legal knowledge.

 

But last night Yama, The God of Justice came into my dream and I can start fighting now.

 

My Legal Problem:: I have lost time to Submit my Petition before court, which may go against me. I have not written to Promoter or Relatives about my claim which may seem to court that I had no claim. But in reality I got deceived by false assurance.

 

Lesson:: Don’t delay petition. Need to be aware of time Limitation.

 

What can I do now:: God Yama told me to Know the Law of The Land and basic Procedure so that no one, not even any Lawyer can deceive me.

 

Steps that I will take::

 

1. Need to know which Civil court has the Jurisdiction to try my case and find a Civil Lawyer who practices there.
2. Need to file a Partition Suit against my so called relatives.
3. Simultaneously File an Injunction petition so that Builder feels the urgency to go for a new Agreement including my name.
4. Injunction can be of Two Types Temporary and Perpetual. Here under all probability court may give Temporary Injunction. And that can be given looking at the Prima Facie evidences submitted by the Plaintiff. Even without any hearing of defendant.
5. Hence I need to get the documents which will prove following immediately.
a) I am a Legal Hair of the Ancestral Property.
b) The Agreement showing that I am kept out.

 

I know it’s horrifying even to think that I have to attend courts and Negotiate with Lawyers about the cost of litigation, where I have no Idea. But God Yama said he will come again in my Dream to help me.

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