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Tassy Jo JO (XXX)     09 February 2020

Stay on possession

Dear Experts,

There are five co-owners A, B, C, D & E of a residential property which went for redevelopment. The redevelopment took 9 years to complete. The redeveloped property is now ready for possession. The property is in a dispute about who will go and occupy it once the possession is granted. It is not practical for all five to stay together and hence three co-owners C, D,& E want to sell the property and distribute the property share while the other two A & B don't want to sell it and occupy to the new property.

The new property is in names of all five co-owners. During the period of redevelopment, the developer provided alternative accommodation to the tenants of the old building. The two co-owners A & B opted the developers' accommodation while the other three C, D & E granted them permission without putting any claim. Due to this all official communication from the developer was only sent to two of the co-owners A & B while the remaining three C, D & E were unaware of what was going on.

Now as part of dispute resolution four of the five co-owners i.e. A, B, C & D have done an internal monetary settlement amongst themselves and have agreed to allow the two co-owners A & B to occupy the new property while fifth co-owners E is travelling overseas and does not know anything about their internal settlement and malafied intentions.

The fifth co-owner E has contacted the developer only to be notified by the developer's lawyer that they are under obligation to move the old tenants A, B, C, D, & E back into the new property quickly and hence will give possession of new property to four co-owners A, B, C, D in absence of the fifth co-owner E.

My question is what are the legal rights of the fifth co-owner E in terms of putting a stay on the possession. Can the fifth co-owner who is travelling overseas put a stay on the possession till the dispute is not resolved? What is the remedy as the other four co-owners are not taking phone calls or communicating anything to the fifth co-owner while he is away and taking advantage of his absence?



Learning

 16 Replies

Real Soul.... (LEGAL)     09 February 2020

Just file an injuction suit..

Tassy Jo JO (XXX)     09 February 2020

Thank you for your prompt response. Can you please advise who is the injunction suit against....the other co-owners or the developer?

Real Soul.... (LEGAL)     09 February 2020

Against all of them..

Tassy Jo JO (XXX)     09 February 2020

Thanks. The fifth co-owner is overseas. Can a lawyer issue this on his behalf? How much time will this take? And approx how much will it cost?

Real Soul.... (LEGAL)     09 February 2020

Please dear contact a lawyer who can do the needful. You can get an exparte stay and there is not time frame limit for cases in courts. 

1 Like

Shashi Dhara   09 February 2020

Approach civil court and take injunction until the suit is disposed.no time limit is if you approach court.dont think about time to redevelop it has took 9years now it may take its double time.justice means justice .if u need justice you have to wait what do you think justice is not given or taken it is not so as eating as banana.

Tassy Jo JO (XXX)     09 February 2020

Thanks for your reply. The developer's lawyer has sent a reply stating that they are going to give possession to the four co-owners who are present and not wait for the fifth co-owner if he is travelling overseas. Can the developer do that?

The possession procedure may happen in next 2-3 days. That's why asking how fast can this injunction or ex-parte stay order be issued from the court.

Once the four co-owners receive possession;  the two co-owners A&B will go and occupy the new property and they will not give the share to the fifth co-owner E. The two of them have been telling the fifth co-owner E that he can stay in the new property as well which is not practical. C & D are not bothered anymore as they have received a monetary settlement from A & B.

Shashi Dhara   09 February 2020

When you approach court if it satisfies it immediately issues stay but you have to serve stay notice to him. It is better you file caveat petition in civil court which will avoid that person to approach court or to take stay to serve him

Tassy Jo JO (XXX)     09 February 2020

Sorry it's all too confusing. What do I have to do?

1. Injunction suit?

2. Exparte stay? or

3. Caveat petition?

I need this done in the next 2-3 days so that I can stop the developer to give possession to the other four co-owners. Please advise.

Real Soul.... (LEGAL)     09 February 2020

You are wasting time here ,just file the suit and court upon being satisfied that  relief not granted instantly will cause ireperable loss passes an ex parte order and that will meet your needs..

Tassy Jo JO (XXX)     09 February 2020

Thanks a lot. All the terms are new to me. But am trying to understand. I will get this done. Thanks.

Shashi Dhara   09 February 2020

If E is outside then how will you take legal action against ABC&D if he has given GPA to you then you immediately approach court and take injunction against them.

Tassy Jo JO (XXX)     09 February 2020

What is the GPA? Power of Attorney? No there is no power of attorney. What's the remedy now? 

Shashi Dhara   09 February 2020

If E has wife or son or daughter who is major let they approach court and take stay

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