Can an injunction be vacated?

My grand has one son and he got 4 marriages not at the same but legally.second wife has one daughter, 3rd wife has one daughter 4th wife has one son.My grand mother registered half prtition in the name of Second wife daughter and on her husband. Now grand mother and son died. There is no will ,agremnet,registrion on her son , but The 4th wife son occupied entire property and filled a suit that the property has been gifted to him orally by his father and obtained injection order. The documnets he submitted are Encomburence certificate (it is inthe name of grand mother ) electrricity bill (in the name of grand mother son) . Is it possiible to obtained injectio order without proper documnet.what are options to ecxpidite the case as no proper documents submitted to claim.or options to evict 4th wife son from the possession of the property untill matter setteled in the court. Is it possible to request to vacate to injection order as no proper documents submitted.

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Aditya Panikkar
Advocate Aditya Panikkar Answered: 19 Apr 2023

Is the subject property in question ancestral and/or acquired property? Is the grandfather still alive? What is with the remaining 50% share? If the grandmother and the son have already given 50% of their share in the property to the 2nd wife's daughter and husband, then how come the 4th wife and her son file a suit for right on the entire property? Has the other heirs given their NoC for the issuance for the Encumbrance certificate? Has the injunction order being challenged? If the documents are inconclusive then you can file counter suit/injuction against them to protect your rights. if you have any further queries, for which my opinion is required, you may share the documents subject to you agreeing to my terms. You may ping me for the same.

Aditya Panikkar
Advocate Aditya Panikkar Answered: 18 Apr 2023

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Admin
Advocate By LEAD INDIA Answered: 14 Apr 2023

Hello Sir

If the wil has not been executed or registered then the property will be distributed among the legal heirs and if they deny to do such then you can file the suit for the partiton of the property

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