We (my mother & myself) live in an ancestral house. My father passed away last year. Some more details about this house as follows:
House in Mumbai since before 1946 (Dad was born in 1946)
My great grandfather had 5 sons so the house was divided into 5 parts. Housebill comes on the name of the eldest son of my great grandfather. We divide the bill amount into 5 parts and pay it.
My grandfather had 2 children ie. my dad and his sister
My grandfather passed away when my dad was a kid and left my grandmother the share of the property
My grandmother also passed when my dad was a kid but the house was on her name till 1993.
Our room is very small with just around 200 sqft
My dad's sister had got married in 1973 and did not stay at her husbands house. Her husband had a house and she did not have any in-laws so the whole house was for them, but inspite of that they did not stay there but gave it on rent and moved to our house which was already small. My dad gave her and her husband a separate room around 50 sq ft with separate entrance from outside. This was done in 1973.
In 1993 my father built our house and also got it transferred to his name on the property card. We built the house 1 + 1, there was no objection from my aunt.
My dad and his sister passed away last year and now my mother and myself want to build the house again and sell it. We only wish to sell our room and not the 50 sq ft which was given to my aunt.
My Cousin (dad's sisters son) threatens to bring a stay order. Will his stay order be of any effect since the house was on my dad's name since 1993 as per the documents. My aunt has not paid any amount to develop the house and was 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?