This query is : Resolved 

20 April 2012

1. What documents needed to take a stay order.
2. Is there any evidence to be shown to take injunction.
3. Shall a construction be stopped by anyone without legal rights over the property.

V R SHROFF (Expert)
20 April 2012

You have to show,
[1] You were the owner of Property.
[2] That you did not consent to sell your property.
[3] That YOUR BROTHER converted PROPERTY to his own use, as to his son, his heir, and he is entitled being LR, in case of son's death.
[4] That there is no payment.
[5]That you were not in India
So it amount to breach of trust

Why should you believe you have no legal right. You cancelled it long back, out of limitation period.

Nadeem Qureshi (Expert)
Click to Talk
20 April 2012

Dear Querist
I agree with Mr. Shroff

raj kumar makkad (Expert)
20 April 2012

1. It depends upon case to case.

2. Prima-facie case is to be established by way of documentary evidence.

3. No.

ajay sethi (Expert)
Click to Talk
20 April 2012

agree with experts

K.K.Ganguly (Expert)
Click to Talk
20 April 2012

1) Documents needed for praying for stay order should show that
a) there is a prima facie evidence in the complaint leading to the prayer for a stay order,
b) the balance of convenience & inconvenience is in favour of the applicant &
c) there will be irreparable losses to the applicant if stay is not granted.
2) Above documentary evidences are to be shown.
3) The applicant has to prove how he is effected. A tenant can pray for a stay in construction of part of the house he is staying. It depends how the applicant is effected.

Devajyoti Barman (Expert)
Click to Talk
20 April 2012

The cardinal principles are-
1. Balance of convenience and inconvenience.
2. Urgency in the matter.
3. Prima facie proof in the case.

Title and possession over the suit property is one of the most vital parts of it.

Shonee Kapoor (Expert)
22 April 2012

I agree with experts.,


Shonee Kapoor

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