regarding stay order
Pranav Parmar
(Querist) 09 April 2011
This query is : Resolved
dear sir, i want to know about rules of stay order
if a property is belongs to grand father of any person and not registered in the name of that person then he can obtain stay order on that property
Kirti Kar Tripathi
(Expert) 09 April 2011
Whether the property is in the name of grand father or not. if not, from which period it is your possession.
bhagwat patil
(Expert) 09 April 2011
the que is no clear.the property belongs to your grandfather means weather he is the owner or mere possess er?what is the locus-standy of another person?
Devajyoti Barman
(Expert) 09 April 2011
You may be asking about of injunction as the relief stay is not available in your case.
For getting injunction- interim or ad interim the petitioner has to at least establish albeit prima facie three factors in his favour- a) prima facie case of possession and enjoyment etc, b) urgency in his relief and c) most importantly balance of convenience and in convenience tilting in your favour.
If you fulfill these criteria then you could get the order of injunction.
RAJU O.F.,
(Expert) 11 April 2011
Under what circumstances stay order is sought, is not clear. If it is against the action of a bank/FI in SARFAESI proceedings, any aggrieved person, including, eg., occupant, tenant, lessee, etc., can obtain stay order from DRT, on sufficient grounds.
Pranav Parmar
(Querist) 14 April 2011
sir i want to know that a property which is in the name of my father's grand fathers and he is the owner of that property and he has four son i.e my father's father and uncle of my father and now my uncle (i.e my fathe;s brother want to get stay order on the property that is using by us from last 25 years. may he get stay order
Pranav Parmar
(Querist) 14 April 2011
he did not draft any will and my father's cousin brother want to get stay order on that property.
