• 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
Ajay Sethi
Advocate, Mumbai
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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
Ajay Sethi
Advocate, Mumbai
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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.
Ashish Davessar
Advocate, Jaipur
19896 Answers
521 Consultations

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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.
Ashish Davessar
Advocate, Jaipur
19896 Answers
521 Consultations

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