Legal Question in Real Estate Law in India

Dear all I belong to meerut, and there is a property in meerut itself. The property is registered under an enterprise. And the co-owners in it are six partners. My father elder brother's wife name, his three kids who were quite young at that time, my grandmother and my father's name is there. Long time back we had a personal dispute in the family. Because of which we left the joint family. At that time we used to stay in a rented house as a joint family. My father and his family shifted to a owned house and his brother continued staying in that rented house. After 6 years they started constructing on the land where there were 6 co-owners. We tried to take possession after they shifted. But they created problems. After few years my uncle expired and his wife as well. And my father's nephew asked my father to gift him the property and since then he is creating problems for us. The land size is 4400 sq yards. Now, we have filed a case in the civil court for the possession of the land, as he is. Continuing construction on it. His residence exists and now he is constructing his office as well. We took the stay on construction a month back along with the separation suit filing. But still after that stay notice he is continuing constructing in a hurry so as to finish his office work. He has influenced the area police station so as to keepthe work flow smooth on the poperty. Now we have asked for an inspection on the property related to the construction that is still happening after the court's stay order. What should we do? In order to stop him constructing further and to get the possession over the land. Can we get a NOC from the court to visit the property and keep a check on the construction and inform the court even if any small thing is doubtful regarding any further contempt of the court's order. Please assist me on this. If any further cases can be filed on him regarding the property fraud that he trying to make. Our name is clearly mentioned in the papers. Would request honest replies regarding the above mentioned case. Thank You


Asked on 5/08/12, 12:13 pm

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Seek appropriate orders in the pending suit.

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Answered on 7/15/12, 11:51 pm


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