Stay order on property

prashant (Querist) 16 September 2016 This query is : Resolved
pls tell me the procedure of stay order on family property
if i am the youngest brother in my family and my father had transfer his property in my name and my other bother gave the consent affidadavit for the same and also give noc certificate. and now they want to issue the saty order on the said property is they have any right regarding for the same
what should i do if they got the stay order from the court.?

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Raj Kumar Makkad (Expert) 16 September 2016
have you received any notice from Court?

If not then let them file the suit and raise your query thereafter.

Kappil Cchandna (Expert) 16 September 2016
Sir,

Why would you want a stay in the property.

Warm Regards
Kapil Chandna Advocate
9899011450

prashant (Querist) 16 September 2016
I don't want stay on property my brother want to stay on property they want their shares but my father already transfer the property on my name

Raj Kumar Makkad (Expert) 16 September 2016
If property stands transferred in your name in the revenue record then your brother cannot get stay order without having any right therein but if the land was ancestral in the hands of your father then definitely your brother can succeed.

Kumar Doab (Expert) 16 September 2016
The said NOC, affidavit may not be necessarily equivalent to relinquishment by valid deed.

However as advised let them act in the manner they want and later you can contest on merits.

Shashikant V. Patil (Expert) 16 September 2016
As mentioned in the facts stated by you, how the said property transferred in your name on mere NOC and affidavits of consent given by other brother? The same will be definitely not not a concrete transfer but null and void. You have to obtain a registered relinquishment deed from your brother.

Rajendra K Goyal (Expert) 17 September 2016
The brother has given NOC and property was transferred in your name by your father.

In the given facts, court may not grant stay easily.

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