Stay order

shyam lal (Querist) 04 July 2021 This query is : Resolved
I want to file a partition suit so that my legal 1/3 share ,as mentioned in the WILL of the deceased father pertaining to immovable property in doing so i have the possession & ownership defined by court..Query is can the other share holders get a stay order from the court.if yes then on what grounds?

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When filing a partition suit for your inherited share of property, you may wonder if other co-owners can obtain a stay order. Generally, the party initiating the suit is the aggrieved party, seeking relief against others. Therefore, it's unlikely for the other shareholders to get a stay order against you unless there are specific, stated reasons. If you have concerns, consulting a local legal professional is recommended for tailored advice.

Dr J C Vashista (Expert) 05 July 2021
The subject has already been replied / covered in your previous posts, read response again, same is repeated now.
However, if you are not satisfied with the obligation of experts on this platform, it is better to consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.

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shyam lal (Querist) 05 July 2021
Dr Vashista as per your repeated advice one should consult a prudent lawyer worth his salt,I have found none, have you any body in mind let me know ,who can do a perfect job with out wasteing time,money,energy and experimenting and learning at the cost of the client.

T. Kalaiselvan, Advocate (Expert) 08 July 2021
You have filed the suit for partition seeking not only the relief of proper partition, but also you might have filed an application for ad interim injunction to restrain the defendants from alienating or encumbering the property and also to share the revenue, if any or to close the activities that my augment revenue if the income i.e., the mesne profits were not shared.
Thus it is you who is the aggrieved party and not the opposite party because you are seeking relief against them only and not that they are aggrieved by you, hence there is no reason for them to seek an order of injunction against you, if you know or believe to have any reason, you may state that so that more proper opinion can be rendered on that count also.

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