Stay on house
RAVINDER PAL
(Querist) 30 November 2011
This query is : Resolved
We are having a house which is 50% in name of my Father & 50% in name of my uncle ( Father Brother).My father is a paralytic patient and my uncle wants to sell this house without informing me & my brother by taking thumb impression of my Father , I want to take stay on this House as I and my Brother are working in job & do not live in this house .Can I take stay on this house so that my uncle is not able to sell this house without informing us.
Moreover Please let me know in how many days stay can be granted & how much expenses are involved in taking stay. Value of House is 20lacs.
M/s. Y-not legal services
(Expert) 30 November 2011
court fee is not an issue for this sitution.,
you are entitled to get stay from sale the house by your uncle., but for that you have to take necessary steps.,
if your uncle want to sale the property mean he can sale his share only., you can not stop him.,
do you know what his plan by your father's thumb impression., ?????
ajay sethi
(Expert) 30 November 2011
you will have to move court for obtaining injunction restraining your uncle from selling the said house . since your father is paralaytic patient you have to state that he was not in position to give any consent .
court can pass order for maintenance of staus quo . file suit serve your uncle and immediatedly move for ad interim reliefs
Rajeev Kumar
(Expert) 30 November 2011
Agree with sethi view
Devajyoti Barman
(Expert) 30 November 2011
File a suit of partition and injunction. The court fees is negligible and fixed.