Anti Stay Order

Querist : Anonymous (Querist) 03 July 2010 This query is : Resolved
We are three brothers having a common land of 90000 sqft. We have divided within ourselves with mutual counderstanding and did a notary agreement. After some days there was lots of disatisfaction between us and till today the registry is not done. Now i want to construct house in my part of land . But the other party is threatining us that he will not let me to construct the house and do a stay order and also not ready to do the registry works for the legality of documents. In this condition what should i do , is there any law through which i can avoid the stay order if files it on me , i mean any antistay order.

Please reply me........

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Chanchal Nag Chowdhury (Expert) 03 July 2010
The procedure is as follows:
Give the others a combined notice of partition & specific performance. File a suit if they do not comply. U may during the interim, file a suit for injunction simpliciter restraining them from interfering with your possession

adv. rajeev ( rajoo ) (Expert) 03 July 2010
File a suit for permanent injunction against your brothers. Court will not grant interrium injunction order against the co-owner it will issue emergent notice.
Or
File a caveat against the brothers to avoid the ex-parte injunction order against you. If your brothers filed a suit they also wont get ex-parte injunction order

Raj Kumar Makkad (Expert) 03 July 2010
I do agree with rajoo.

pawan sharma (Expert) 09 July 2010
I agree with Mr.Rajeev.

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