Seek injunction restraining daughter in law from selling your furniture
You have to take out application in pending suit seeking an injunction restraining daughter in law from selling your furniture
Daughter-in-law selling my furniture in my absence and without consent - injunction suit going on
I am living aborad, I have filed mendentroy injunction suit against my daughter in law for my self acquired home , I did it after she filed false 498a case against me, (Police added my name for disowning my son & daughter in law in 2018 & no charge sheet filed yet) and she filed permanent injunction suit. We didn't take any single spoon in dowry. Now She is in possession of my house and court case is going on. Now she selling my old furniture and buying new one to show that she received in dowry. What remedy can I seek ?
Asked 4 years ago in Property Law
Religion: Sikh
9 Answers
You know what items were already there in that house.
If you have evidences for she selling your own articles from that house, you may file a petition in the same injunction suit praying adinterim injunction restraining her from selling your property and if she had already sold some, to compensate for the loss as an interim relief till the disposal of main suit.
You may please be aware that the household articles are not dowry items.
You need not be worried on that count
You can approach the civil court for injunction in the said matter. If the case is pending in domestic violence court you can also inform the said court and seek directions
1. What did you seek mandatory injunction for?
2. Since she is selling future owned by you the remedy in your hands is to file a suit for permanent injunction to stop her from doing it and file an application for temporary injunction which can be granted even ex parte on the first hearing.
Sorry. After the passing of the recent Supreme court decision the daughter in law has right of residence in the property even if its owned by you.
So the order of injunction you are seeking for is a far cry in the present scenarios.
However a case of theft lies against her.
Dear Querist
You may file a criminal complaint against her before the police for the offence of Theft under section 378/379 of IPC.
Take immediate action to stop her for the purpose file a writ to maintain status quo, also fight through counsel suits filed by her, otherwise she will go stronger stronger day by day.
- As per law, your daughter in law having no legal right over your property , and also to sell your items lying there .
- You can file a complaint against her before the police and higher official , and submit the same before the court as well .
- Since you have already filed Mandatory injunction suit to get vacant possession of your house , then you should ask your lawyer to argue on the interim application to restrain her to sell the items.
sir
you should immediately file an injunction suit in court to restrain her from selling the items. or you can file the application in the already filed cases for such order. before that you please send someone to buy any item from the house and if she sells then make whatsapp record and/or purchase record, then show that as proof in your application/ suit. you will get the order quickly. do not forget to mention that you are senior citizen.
