Legal Question in Civil Litigation in India
i am having a joint property in delhi which is undivided . there are 7 partners in it. and i am having 1/7 share in it. the partion suit is already filed in the court and is running . now my 6 partners have sold there undivided share to a builder and he has appealed that now he has taken there shares and possesion so he will be the party instead of 6 partners. now what should i do to stop him from entering the premises and in suit and from any kind of construction in my building . plz suggest me i need your help .
3 Answers from Attorneys
How many times you need my help ? i have already informed you what to do .
as the undivided share has been sold by the other partner, it is but obvious that the partition by metes and bounds has not taken place. file a suit for partition and seek stay against the builder from raising any unauthorized construction.
This question has been appropriately answered by my fellow professionals. File a suit for Partition of the property and declaration of your share of the property and pending decision in your case You can ask the Court for retraining orders against your partners and the Builder Purchaser from entering upon the property and dealing with the property. With this restraining order, You can pressurize your partners and the builder to settle the matter out of court by determining your share and thereby either sell your share to the same builder or to some other party or you can fence your portion of the land and utilize it as you want.
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