Mohit 30 July 2015

To put stay order on ancestral property

Hello lawyers,

We have ancestral property that my grandfather put in name of my father and my uncle (chachaji). The property is a farmland with no clear "physical" demarcation between the two, but on "paper" (meaning the map/plot of valuation report) each person has khasra number assigned to them and also property is listed as 'Single Owner' for my father. I am guessing my chachaji also has his Khasra numbers marked with 'Single Owner' on paper.

Right now the property is in my dad's name but we (I and my siblings) would like to put stay order on the property. Our fear is that my uncle will sell the property without our knowledge because we do not live there. None of my sisters and myself and my dad, nobody lives in that town.

My question is can I put a stay order on that property based on the fear alone or do I need to have an intent as well? Intent could be to partition the property between me and my two sisters so that we can live peacefully without any fear that my uncle is selling the property without our knowledge. Ideally we would like to partition the property, sell it off, and buy property in towns we live in and have peace of mind.

Please let me know what legal help I can avail.

Thank you,

Mohit Shukla

Reply Follow

5 Replies

Advocate Rohit (Advocate) 30 July 2015

file the partition suit in the civil court so that the physical division of the property can be done and your fear could be put to rest.

Regards

Adv. Rohit Dalmia

9324538481

Mumbai

H.M.Patnaik (Proprietor) 30 July 2015

Since ur father is there and as understood from ur posting the title is yet to be transferred in any body's favour, only ur father can seek partition of the property as it seems from the information given above that ur Uncle has a right over the said property.

Dr J C Vashista (Advocate) 30 July 2015

How did your grandfather acquired title of the farm/land? Show the documents including khasra to a local lawyer.

Mohit 31 July 2015

What documents will my father need to partition the property in my and my sister's name? I understand he can allot the land portions to each one of us on a stamp paper, sign by two witnesses and register it with sub registrar of assurances. What other documents are needed? I understand we will need to hire a lawyer to make things go smoothly, but I want to prepare all the documents first before taking leave from work and making travel arrangements.

Please let me know. Thank you!

Biswanath Roy (Advocate) 03 August 2015

How your grand father put in name of your father and chachaji? Do you mean to say that their names were recorded in Revenue records as joint owners in place and stead of your Grandfater? If it is so then the property is a joint holding. When your father is still alive he can file a Partition Suit describing your chachaji as Respondent therein but at first let your father approach your chachaji for mutual partition by a Deed which must be registered.