Dear Sir,

Yes Sir, It is bad thing in Indian Judiciary System. The movement one goes to the Court it will issue Ex parte stay order and the other party made wander from pillar to post to vacate it. You may get it vacated either in the same court or higher court. You will succeed .

Dear Sir,

If the judgment and decree is challenged on the ground of forgery, ex-parte etc then only there is question of stay.You must be clearly state how it was decreed and why your uncle is aggrieved, grounds for him.

1.If the property of your uncle is his self acquired property then he can give this property to anyone he chooses.

2. However the right through Will upon the beneficiary accrues only when the testator dies. During the lifetime of the testator he can change the Will as many time as he wants.

3. Now if your uncle lets his brothers to stay in the property then you can do nothing. Only after his death if the contents of the Will remains same he can exercise your right over this property and ask for eviction his bothers therefrom.

You can file a suit for possession against his uncles.

See first of slight confusion in your facts, kindly clearify: is your uncle still alive?

And he made will of property in your name,or property was trasfereed by court order ??

See first of fall if the property is already transferred in you name you can file an eviction suit against the brother to evict them from the property and the court won't give them.exparte stay as property is transferred by the court order so you will be given opportunity before giving any kind of stay. As soon as they file any suit before court shall give you notice and summons that such application is filed you can remain present before the file your reply along with the transfer order and other documents in such situation they are not entitled to any stay.

Also you are free to sell the property if the title is in you name give your uncles notice to leave the posseSion of property they are illegally occupying. If on notice they do not vacate property file an eviction suit to.remove them.from illegal possession.

1) brothers would not have any share in property bequeathed to you by uncle

2) issue legal notice to uncles to vacate land

3) if they refuse file eviction suit

4) court may grant status quo order pending hearing and final disposal of suit

1) If the property is on your name first you take possession of the property and than claim other rights.

2) If your uncle is alive kindly take him along with you and vacate the plot from.other two uncle's. Ask court to pass order for vacate the plot as property title on your name or you may make complaints against them in the police station and show the court order of title passed on your name.

No they can't get stay on that property. Upload order

You will have to file an eviction suit against the brothers of your uncle

you can also in meanwhile lodge a police complaint against them for criminal trespass on land

1. They can certainly file a declaratory suit claiming that the property belongs to them on the ground of adverse possession and file an application for restraining your entry in to the said premises till the suit is disposed off.

2. You should first file an eviction suit against then and also file an appication restraining their transferring or subletting the property in favour of any body.

1. You can not stop their claiming any thing in the world.

2. What you shall have to do is to counter their claim with proper evidence and argument.

3. If they are in possession of your property since more than last 12 years, then they can claim adverse possession of the said property.

4. Engage a local lawyer and file an eviction suit against them immediately as advised in my earlier post.

You say that this property was transferred to your name, but how and what is documentary evidence you have?

If this transfer was by a registered document then you can very well issue a legal notice to those unauthorised occupants to vacate after which you can filer a suit for ejectment of the unauthorised occupants from the property.

The transfer of the title from my uncle to me was done by the same court orders. Would they still accept a petition of stay from the other party.

If they have filed a stay petition then you may have to challenge the same based on the decree in your favor.

You have to fight against the evil, it is not automatic that the court will reject without hearing both the sides.

This is my response to you:

1. The two people on your property are trespassers;

2. You can file police complaint against them;

3. You may also take out contempt petition against your uncle and the two people who are tresspassers on oyur land;

4. You can also claim compensation for the loss suffered by all this.

If they are not legal heirs they can't. They can create hindrances but can't take stay for ever.