tag:blogger.com,1999:blog-6946732859462508376.post6589787023713432937..comments2024-01-10T00:54:03.478-08:00Comments on Common Law: Specific Relief Act, 1963, a Quick SummarySandeep Jalanhttp://www.blogger.com/profile/13435152165816926276noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-6946732859462508376.post-81823751297118707452012-12-21T20:38:24.286-08:002012-12-21T20:38:24.286-08:00It is not possible to suggest any firm opinion bas...It is not possible to suggest any firm opinion based on brief info given by you. <br /><br />However, for your information - <br /><br />1. No injunction can be granted to an alleged trespasser by the Court;<br />2. You can file Suit for possession based on title u/s 5 of the Specific Relief Act, 1963<br /><br />Also, you may see links below - <br /><br />The position of Law in respect of Probate of Wills / Letters of Administration<br />http://commonlaw-sandeep.blogspot.in/2012/08/is-it-necessary-to-obtain-probate-of.html<br /><br />DISPUTES RELATING TO IMMOVABLE PROPERTIES<br />http://thepracticeoflawjalan.blogspot.in/2012/04/disputes-relating-to-immovable_22.html<br /> <br />Immovable Properties http://thepracticeoflawjalan.blogspot.in/2012/04/immovable-properties.html<br /><br /><br />Sandeep Jalanhttps://www.blogger.com/profile/13435152165816926276noreply@blogger.comtag:blogger.com,1999:blog-6946732859462508376.post-8914815039288093142012-12-15T06:40:53.952-08:002012-12-15T06:40:53.952-08:00Dear Mr. Jalan:
The information given by your goo...Dear Mr. Jalan:<br /><br />The information given by your goodself regarding Sec 6 and Sec 39 of the Specific Relief Act, 1963 was of interest. Kindly advise if there is a certain "time period" within which a suit under Sec 6 can be filed against an illegal occupant who has forcibly taken over one of the houses. I had complained to the police and have a complaint no. regarding the illegal occupancy. But, soon after the illegal occupant forcibly took over the house, he managed to get a temporary injunction against me, therefore, I could not file a suit u/s 6 earlier. Hence, would like to know if the suit u/s 6 can be filed beyond the 6 months period as stated by the Law commission, given the situation that there was a temporary injunction against me till now.<br /><br />Also, please advise the steps for preventing forced dispossesion (u/s 39) of a tenant living in the other house inside the same premises, who has an agreement with me. I am the beneficiary under the Registered WILL (of a Christian) and am in the process of getting the process of Declaration of the WILL initiated. Look forward to your kind advise. Thank you.Anonymoushttps://www.blogger.com/profile/08781098271405518880noreply@blogger.com