• Stay on buy & sell of a property

We have a property in Meerut of my Grand father's name, he passed in 2010, and make a will to my brother's and my name, my father also passed in 2001, and now my mother and sister both are want to sell property and all original documents are with them only, 

how can we take stay on this property so that they can not sell this to anybody
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

Dear Client,

What the need of stay, through testamentary succession, property already transferred in joint ownership of you and brother.

Do you have WILL ?

File injunction suit in court not to sell and delivery of documents

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

hello

the property was registered in your grandfather's name. he made a will and gave the property to you and your brother. you should take the will to the probate court and transfer the property in your name. the court will pass an order and on the basis of that mutation can be done.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

This is my response to you:

1. You will have to send your mother and sister a legal notice;

2. Then if they do not reply then file a suit in the civil court;

3. Seek a stay order on the sale and injunction order against the use of the property;

4. Once you do that then make sure you have all evidences of your side;

5. Tell the court that the property is in your name;

6. Also you can file a police complaint because your mother and sister cannot keep the property documents with themselves.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

On grand father demise you and your brother would inherit the property

2) your mother and sisters cannot sell the property

3) apply for probate of will

4) enclose affidavit of attesting witness

5) if there are no objections received you would get probate in 6 months

6) issue legal notice to mother to hand over all original documents of property

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

If there is a will in your favour and is probated then you may file a civil suit for stay on sale of the property. In case there is no will then they can sell only her share in the property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hi, it is advisable to file a suit for permanent injuction , to obtain a stay order from court , restraining your mother and sister from selling or mortgaging the property

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. Is the will registered?

2. You may file a suit for declaration of your title to the property along with a consequential relief of permanent injunction to restrain your mother and sister from alienating the property. Seek temporary injunction also as the suit will take time to be decided by the court.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

If there is a Will bequeathing the property to your names you may file a Petition seeking grant of probate.

In that itself you can file an I.A seeking an order of injunction restraining them from alienating the property till the disposal of the suit.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Since there's a will in your and your brother's name already, your mother and sister cannot sell this property.

File an injunction suit and seek a stay against your sister and mother from selling off this porperty.

Contact a local lawyer handling property disputes.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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