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Nikhil Landge
in Family Law
Asked June 13, 2017

Ground floor of joint house used for business can it be stopped till partition obtained

  • 4 Answers
  • 797 Views

I am from a Hindu family. We are having a house (purchased by my great grandfather & still legally undivided), ground floor of which is being used for business by one of our family members. If we filed a partition suit, is it possible to demand to stop the use of ground floor for business till the court declares it's final decision & if yes then under which circumstances court will accept this demand?

Answers 4

 an advocate can opine only after studying and understanding ur matter.

Agree Comment 0 Agrees over 3 years ago

If that person is running the business independently of his own without the help or assistance of any other family member on his name then its very difficult to stop that business.. Even if we obtained stay for the same the same will be vacated as the court cannot stop a person from doing his business during the pendency of the case.  But if we can say that the said business is also a faimly business and jointly run by all then the same will be stopped and if allowed to do then there must be certain terms and conditions for which the chances of settlement/partition will arise soon. Besides partition we can also seek rendition of accounts of the said business showing it to be family business. 

Agree Comment 0 Agrees over 3 years ago

If that person is running the business independently of his own without the help or assistance of any other family member on his name then its very difficult to stop that business.. Even if we obtained stay for the same the same will be vacated as the court cannot stop a person from doing his business during the pendency of the case.  But if we can say that the said business is also a faimly business and jointly run by all then the same will be stopped and if allowed to do then there must be certain terms and conditions for which the chances of settlement/partition will arise soon. Besides partition we can also seek rendition of accounts of the said business showing it to be family business. 

Agree Comment 0 Agrees over 3 years ago

In case of undivided property courts grant an injunction mostly against alienating or encumbering the property in suit. You would in most probability not be able to restrain your relative from carrying on his lawful business until the sought partition is granted. After the final court order your share of the property will be isolated from the rest and if you get the title over ground floor then you can legally direct your relative to stop the use of your then property.

Agree Comment 0 Agrees over 3 years ago

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