Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Joginder Sidhu   17 February 2018

Stay order

I'm mother of two sons.
the property of my father in law was from his unmarried real uncle not from his father.now he is selling property can I get stay on my father in laws property on behalf of my minor sons


Learning

 2 Replies

Vijay Raj Mahajan (Advocate)     22 February 2018

The property of the father in law is his self acquired property that he can dispose during his lifetime and even after his death according to his own will for that the grandchildren cannot get stay order from the court.

However you may state the property in his hand as Hindu coparcenary property or petition ancestral property because the third generation namely the grandchildren too have right or share in the property in the hand of the grandfather who is karta of the Hindu family and does not have sole right to own and dispose the property without the consent of the other coparceners namely the grandchildren in this case. By doing this the temporary stay can be allowed by the court in the main partition suit that you file and that stop the immediate disposal of the property by the father in law. In order to get the stay order vacated the father in law will come for compromise with you and you can claim share for your children.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register