taking a stay order

Querist : Anonymous (Querist) 06 January 2011 This query is : Resolved
i have a property in banglore where a part of the property was in my mothers name later on the will was written in my name and shes no more now...Now the said part of the property which is in my name now is been letout for rent...The case here is that my younger brother says that hes going to put a stay order in that part property from where the rent is comming...
The question i want to ask you is, the whole propery incl. the part property which was earlier in my mother name is now in my name... In this senerio is there a way that my brother can put a stay to said part property...If so how can he and what steps should i have to take....

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Amit Minocha (Expert) 06 January 2011
You cannot stop him to file the case but yes if you have ownership alredy transferred to your name, he may find it difficult to achieve his objective. further, the time of death of your mother and the letting out period would also play a vital role.

adv. rajeev ( rajoo ) (Expert) 06 January 2011
If you don't want any exparte order immediately file a caveat if your brother is not yet filed the suit.

Arun Kumar Bhagat (Expert) 06 January 2011
File caveat to overcome any exparti order.

Advocate. Arunagiri (Expert) 06 January 2011
I agree with Mr.Rajoo and Mr.Bhagat.

Querist : Anonymous (Querist) 07 January 2011
thanks mr.experts for ur suggestions...

@ Mr.amit:- my mother expired in the yr 2000. I letout the said part property say abt 3 to 4 yrs only...

@ Mr. rajoo & Bhagat:- he was saying that he will take a stay order in that part property... to my knowledge he did not yet taken a stay... so it is a right time to take a "caveat"....and how many days will this caveat be in time...
what is the next step after caveat?

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