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(Guest)

Stay order on house construction

Hi,

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?

Thanks

Joseph



 7 Replies

Adv k . mahesh (advocate)     29 April 2013

from your query it is very clear that your father had gifted 50sft to her sister but not paper work 

1.  if there is no paper documents also he can take stay order and harass you for the case and court it will decide the next step which takes some years to decide who is the owner 

2.  after stay order the process ot your lawyer will start

3.  have a discusson with your cousin and settle mutually or face inthe court of law which takes mental tension and harassment 

4.  if once stay order is given you can file to vacate it and is the court does not vacate it you can build again and sell 

Adv k . mahesh (advocate)     29 April 2013

from your query it is very clear that your father had gifted 50sft to her sister but not paper work 

1.  if there is no paper documents also he can take stay order and harass you for the case and court it will decide the next step which takes some years to decide who is the owner 

2.  after stay order the process ot your lawyer will start

3.  have a discusson with your cousin and settle mutually or face inthe court of law which takes mental tension and harassment 

4.  if once stay order is given you can file to vacate it and is the court does not vacate it you can build again and sell 

1 Like

Dillip Rout (Student)     29 April 2013

Hi,

I am from Rajkanika, Kendrapara, Odisha.

My neibhour is constructing a building in some parts of my plot claiming that those are his parts. When we tried to stop him he made violence. We registered the complain in local PS, there we no effect.

Now when I am trying to make a stay order the local advocates are saying it's not possible to make a stay order. Sometimes even they are saying you make stay order in your plot.


So I am confused how a stay order is made and what are all the plot numbers to be mentioned.

Please help me.

Adv k . mahesh (advocate)     01 May 2013

it is your plot and why you want stay order 

1.  file treaspas into your property and illegally he is consructing on your plot

2.  if police is not takeing any action then file a private compliant in the court for action on the police that no investigation is taking place 

 

  1. As per S. 190 of Cr PC, any Magistrate of First Class (or any Magistrate of Second Class specially appointed for this purpose by Chief Judical Magistrate) can take cognizance of any offence upon receiving a complaint, or upon a police report, or upon information received from any person other than a police officer, or upon his own knowledge.
  2. As per S. 193 of Cr PC, a Court of  Session cannot directly take cognizance of any offence. The JMFC may "commit" the case i.e. transfer the case to Court of Session if the offence is trialable only by Court of Session (S. 209).
  3. S. 200 specifies the procedure for complaining to a magistrate of any offence. 
  4. There is no prescribed form of a complaint. In general:
    1. the complaint should be about a non-cognizable offense (because for a non-cognizable offense, the police does not register FIR). For a congizable offence, if the police refuses to register FIR, a complaint may be made about it to the JMFC.
    2. it must be addressed to JMFC
    3. state facts relating to the offence
    4. must pray for action against the prepetrator  

Dillip Rout (Student)     02 May 2013

Thank you so much... sir (K Mahesh)... I will look into details and find a decent layer to take it.

ramsem2017 (working)     31 October 2017

Hi,

We have constructed our house in a 30x40 site its been 1.5 years now. Now the back site person has started constructing and has joined his wall to mine & the water is seeping into my walls.

When we asked him to leave space and construct, he said you should have left then i will leave.

In this case what is ideal as we have moved and strating living and water seeping has ruined the paint and warddrobes are ruined.

The wall he has constructed in pressuring my wall from first floor and no foundation from his site to support it, as he has full parking in ground floor.

Please help and guide me.

- Ram

Skye Newbold   29 June 2018

My house is very bad to the condition for repairing so few days ago I called to Construction Company of the home condition to make it better. Other things like furniture and for the kids I booked puffy mattress online that will deliver on the construction end day.


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