Legal Question in Real Estate Law in India
I obtained an interim injunction against the sale, transfer and creating of any rights / interests in a flat, for which I am a legal heir. My other broother along with my sister presented a bogus Will, to which I objected. The Will did not have a signature of the deceased, but a scribbling. Later, he, in connivance with the secretary of the housing society, attempted to transfer the flat to himself, on the basis of a bogus nomination, trying to involve the registrar of society, when the court was going on vacation. We obtained the interim injunction and will obtain a permanent injunction. My question is what is the next step.? Do we request for appointment of a court receiver and will he vacate the flat of the servant who continued to stay in the flat?
Should I file for a Letter of administration on succeeding, or file a parition suit? As administrator, I will not be able to work with him, as his greed is great. A neutral adminisrator will not have the right to sell the flat and distribute the proceeds among the heirs? A partition suit may be better. kindly advice.
3 Answers from Attorneys
in these circumstances, when u have challenged the will, a suit of partition seems to be the remedy. you may also move an application for appointment of a court receiver.
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