Hi,
We are rebuilding our house(80 yrs old) which is on an ancestral land and it belongs to us and the house is on our share of the property. The property is on my father's name and two of his cousins, one cousin passed away and his brother his staking the claim to the property instead of the kin of the deceased. There are taking stay order, which has not been issued till date, just to harass us and include their names in the Family title of the property. How do we challenge this stay order and continue our construction.
Here are more details about this house as follows:
House in Nandgaon, taluka homnabad, district bidar since before 1940 (Dad was born in 1935)
My great grandfather had 3 sons so the property was divided into 3 parts. Our house was build on the land acquired after dividing it into the three parts equally Housebill comes on the name of my father only and the entire tax etc till date is paid by my dad..
My uncle who has passed away, his brother is claiming the right to his share and creating problems to our family and threatning and pressurising us to not to renovate/rebuild the old depliated house again and has send one notice through gram panchayat lawyer regarding the stay order. Will his stay order be of any effect since the house is on my dad's name since 1940 as per the documents(khata extract). My uncle is not a legal heir to the property share, since his brother children are alive and he is a constant harrasment for us.
Please advise us if the stay order will be of any effect. Will consulting a lawyer help to get rid of the stay order? How many days will it take to get rid off the stay order? Would the legal proceedings cost much?
Thanks,
Mohiuddin khilji