Interim stay on family property
sir the family property of father of 4 daughters is taken by fathers brother. EC is coming in the name of father. but patta is changed. Revenue Development officer gave order in favour of 4 daughters. but the same was stopped by interim stay by madurai high court. how to cancel it. what is the time limit for interim stay.
Asked in Property Law from Karur, Tamil Nadu
it is an interim order pending hearing and final disposal of the motion . court may after considering your reply and after arguments vacate the order
sir, RDO is the first party as stay is on his order. my mother in law is the second responent. since she is no more, her 4 daughters have to represent. what is the procedure. my lawyer is saying memo is given to opposit party. once they accept he will do counter file. Govt GP has to get reply from RDO. that is also not done. now it is going to be 10 month. they are saying judge is not interested now to bring this case as he is busy with others. whether interim stay will become permanent when it crosses one year. pl advise
Asked 3 years ago
if your mother in law is no more legal heirs have to be brought on record . inform appellant of mother in law death and give name of legal heirs . he will bring legal heirs on record. interim stay wont be permanent .when it crosses one year . it need not be confirmed can be set aside by court
Since the stay has been granted by the HC an appeal can be filed before a larger bench of the HC, or the issue can be carried in appeal to the SC depending on the peculiar facts of the case and the ground on which the stay has been granted.
As your mother-in-law is deceased her daughters can represent her in the court. Interim stay may or may not become permanent as none of us can predict. Whether a stay order is to be permanent is the discretion of the court which has to be exercised in a judicious manner. It can be challenged by way of an appeal.