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Renovation in disputed property with stay order
Question
My father has bequeathed me his house via registered will – I have two other brothers who have filed civil suits in 2013 challenging the will.
Due to some silliness on my lawyer’s part, I lost the suit in the lower court and an appeal in the Punjab and Haryana High Court is pending since 2016. The PHHC has given an interim injunction and asked to maintain status-quo regarding possession and ownership of the property.
The property has been transferred in my name before the onset of this civil suit and I am legally in possession of the property.
I now need to renovate the property slightly for my personal use – my question is, can I legally renovate the property keeping in view the interim injunction? Will I be opening myself to any further civil/criminal suits in case I decide to go ahead with this renovation?
What is the right procedure in terms of permissions and processes to take before I go ahead with the renovation?
I look forward to your views on this. Many Thanks!
Answer ( 1 )
If the suit is pending and a status quo order is in existence, it is advisable that you seek permission from the court by filling an interim application for making the construction for your personal use. If you construct without the permission of the Court, your brothers are most likely to file contempt cases against you. By way of this application, you can show the urgency and necessity for such renovation. Speak with your current lawyer and get the application filed at the earliest.