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venkatesh funde (scr)     08 January 2014

Stay order

My father has agriculture land  from my grand father in our hometown and he wants to sale it out.

the land is on my fathers name. now we have party who is ready to buy and he  also has given a token amount.

noe my cousin brother has put a stay order on the this land.

my question is how can he put a stay order if the land is not on his name?

what could be the reason for putting the stay order?

how much time will it take to resolve this matter?

please let me know as soon as possible

shree swami samarth

 



 8 Replies

Dr J C Vashista (Lawyer)     08 January 2014

It is the Court who has considered the facts and circumstances of the case before grant of stay order even if the land is not on his name.

Presentation of the case before the Hon'ble Court is the only reason for putting the stay order.

Number of factors do involve in taking time to resolve this matter, such as availbility of Judge, opposite counsel, interlocutory applications and decision thereon etc. etc.

Engage a local lawyer to  let you know as soon as possible.

2 Like

Biswanath Roy (Advocate)     08 January 2014

Engage a local lawyer to know the facts lying behind the stay order.

SACHIN AGARWAL (ADVOCATE)     08 January 2014

Better to engage a local lawyer and obtain the copy of documents from Court and then you can have knowledge on what basis he has obtained stay.

1 Like

Rutumbhara Nayak (lawyer)     09 January 2014

It is the court who has carefully weighed the facts and situation and issued the stay order on the land, owned by your father. The Hon'ble Court is satisfied on the reason that your cousin pleaded for putting the stay order. A stay is a suspension of a case or a suspension of a particular proceeding within a case. A judge may grant a stay on the motion of a party to the case or issue a stay without the request of a party. Courts will grant a stay in a case when it is necessary to secure the rights of a party. A stay of proceedings is the stoppage of an entire case or a specific proceeding within a case; therefore you cannot sell the land till there is a stay order on the land. This type of stay is issued to postpone a case until a party complies with a court order or procedure. A court may stay a proceeding for a number of reasons. One common reason is that another action is under way that may affect the case or the rights of the parties in the case. The land is on your father’s name, he has right in the property. If anyone wants to sell the property, they will need a NOC from your father. No one can sell the property without your father’s consent. Get an expert to guide you through the entire process. you can call me at 09555 507 507 or send me a mail at info@lawkonect.com

1 Like

venkatesh funde (scr)     10 January 2014

i am glad

Dr J C Vashista (Lawyer)     10 January 2014

Instead of being glad, you should have pressed thank button for the expert

2 Like

T. Kalaiselvan, Advocate (Advocate)     12 January 2014

As advised by many experts here it is better to approach a good and prudent lawyer to not only know the facts but also to proceed further.

venkatesh funde (scr)     16 January 2014

thanks for everyones  suggestion and keep it updated 


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