Stay order on my property
Gurpreet Singh
(Querist) 14 June 2012
This query is : Resolved
After death of my father our property is eqauly distributed in four member(me,my mom,brother & sisiter).Now after that my brother had dead & his property is distributed to his wife,son & my mom..........But now my brothers wife had take stay order on me & my sister protery ........Now my concern is they are leagaly authrized to take stay on my & sisiter property & how Stay will cancel
Devajyoti Barman
(Expert) 14 June 2012
What is the nature of suit filed by her?
If the partition is properly done then there is nothing to worry.
Rest assured, you would get your share. She can not claim more than what has fallen in her share.
R.K Nanda
(Expert) 14 June 2012
File reply to stay application in court and argue on it and pray to court to vacate/cancel the stay order.
Adv.R.P.Chugh
(Expert) 14 June 2012
In all probability she is asking that her share be culled out by partition, that in no manner affects your share, if you agree on giving her the share then get a consent decree passed so that stay is removed and you are free to deal with your property as per your wishes, however if you wish to contest/dispute her right then apply for vaacation of stay and contest.
Feel free to talk !
Guest
(Expert) 14 June 2012
On the death of your father his property devolved equally upon all his children and widow. This share cannot be denied to any of you. Your sister's share is limited to one-fourth, and she cannot get more than this. Apply for the vacation of stay.
Regards,
Ashish Davessar
Gurpreet Singh
(Querist) 15 June 2012
Our Property is agriculture land & its not partitions yet...But she had no claim for partition ,she want my mother whole share will be given to her child 7yr old but my mom is deny b'coz she had also did married in march his son is also with her & she taken stay in May........Kindly guid me how time take to cancel stay
Shonee Kapoor
(Expert) 16 June 2012
It is stay to alienate the property.
Go for partition her stay would be vacated by demarcation.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
