Introduction
The clients, two sisters, discovered that their brother had inducted a tenant into the family house in Gomti Nagar and was negotiating a sale of the plot. Title stood in the name of their late father, who died intestate.
They wanted their share protected, and they wanted to remain on speaking terms with their brother if possible.
The Approach
A suit for partition and permanent injunction was filed with an application for temporary injunction, which was granted, restraining any transfer or further induction. With the status quo secured, we proposed conciliation. Over four sittings the parties agreed a partition by metes and bounds with an owelty payment, recorded as a compromise decree.
The tenant's occupation was regularised under a written lease with rent shared per the decree.
Testimonial
“The injunction came first and the conversation came after. That order is the only reason the conversation happened.”
Results
Injunction granted
Temporary injunction restraining transfer granted
Compromise decree
Partition recorded by compromise decree after conciliation
Interim relief is not a preliminary; it is the leverage that makes settlement possible. The partition was agreed because the sale had been stopped.
Illustrative matters. Facts, names and identifying details have been changed or combined to protect client confidentiality. No outcome in any past matter is a promise about any future matter.
When To Call Sarvā Nyāy
If you are facing something like this, the first conversation is about what to preserve and where to file. It is without charge and without obligation.
