Claim to Property and property documents
my husband won the court case. as per the court order, property owner is my husband. but my sister in law holds the property documents. even though legal notices send by our advocate she is not taking any action. what is the best way to get our property documents from her. only main intention is she should not misuse the documents,
File a complaint before the local police authorities and with their help try to extract the documents from your sister-in-law. Even then, if you are unable to get it from her, put an advt. in two running newspaper that the said property belongs to you and the ownership is confirmed by the court order and any dealing with respect to the said property with anyone other than you would be void under law.
You must take help of the local police to get the document. At the same time you must try to negotiate with her to get back the document and explain that mere possession will not establish her claim to the property in the light of the Court's decision in your favor. Keep a copy of the legal notices sent to her and the proof of the fact that she has recived the notice. In case the negotiations do not work out you may have to file a complaint.
Firstly, you should file a General Diary in the local police station, in which entire issue must be recorded. Secondly, you can file an application with the Registrar and the Municipal authorities in order to get the certified copy of the documents of the property and thirdly you should ask your advocate to send another notice to your sister in law, communicating the court's order to her and then in the light of that order you should seek property papers from her. If she does not react even after that then you should move to courts for recovery of the document.
In order to get the property documents back from your sister in law, your husband can file a civil suit in Learned District Court citing the court order which awarded possession of the property to your husband which will prove that your husband is the rightful owner of the property. In that petition your husband should seek mandatory injunction from Learned District Court directing your sister in law to hand over the documents of the property.
Since you apprehend that your sister in law might misuse the documents of the property your husband needs to explain to court in your suit as to what would amount to "misuse" of the documents and the manner in which the documents are likely to be misused and for restraining your sister in law from specifically using the document in that particular way your husband can seek permanent injunction from the Learned District Court restraining your sister in law from misusing the documents in that particular way as is stated by your husband in his suit.
Ram Janki vs. Sunil Kumar & Anr. 1 of 30 CS No. 129/11
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