What if h don't follow a court order or agreement: Property Law ?
Dear Sir,
My name is ahmed.i belong to a muslim family and my question is regarding property accoring to muslim law? my uncle(ie; mothers brother) has sent a notice to my mother through lawyer to vacate the house in 15 days.
And in the notice he has written lies against my mother that she is for rent in the house since 5 years and she has not paid any rent till now while my mother is daugher of the owner(maternal grand father) and he said she(my mother) is attacking his wife and children while my mother is innocent and has not done any such thing.And he is saying the property is
written to him by his mother(maternal grandmother who is alive) and now this property belongs to him and also he recently changed the address of the house too.And when anyone is asking him to show the property papers he is not showing the papers to anyone in the family.
And in reply to it my mother sent a notice to his lawyer saying that she is not rented here and she is daughter of the owner and she said she is staying in the same house
since 20 years as his father kept in the house because she was cheated by her husband and it is very true and my mother has all the current bills which she used to pay as proof. my maternal grand father(my mothers father) promised my mother to give that house to her but he dead unfortunately without writing that property to my mother.
And my maternal grandmother got mad after few years and she is listening my uncles words and behaving however my uncle is saying to do.And my mother told in notice, if any attack happens to her or her sons(ie; me any bros and sis) then he(my uncle) is responsible because he came to fight with my mother once and tried to hit her with flower pot but missed somehow.
And now after getting my mothers notice they decided to shift this case to court paying some money.
So my mother filed a partition suit. It helped my mother a lot as she has filed a partition suit to divide the property and she got
stay order/injection order from court as of now.
But now the problem is my maternal uncle along with his Wife has stopped water supply connection to our home since 1 and half year and also they have locked one of the doors of our home
and voilating the order of court and forcing us to leave the home or else he is harassing us by throwing the water which we are storing from our neighbour's
house paying money to them as he has cut the water supply connection to us and the situation is going worse because of his harassment.We consulted police as well
to take action on my maternal uncle but they are also supporting my maternal uncle even after providing evidences by us regarding his harassment.
So can we file a contempt on him as he is going against injection/stay order of court?
If Yes then what is the procedure for it?How many days it might take to file a contempt on him?What actions will court take on my maternal uncle?
Please request you to give us some valuable advices as given by you before which are going to help us to protect our rights.Sir please give due consideration
to my case and it would be highly appreciated for the act of your kind favour.
Thanks & Regards,
Ahmed