• Stay order on sale of property

Please advise if I can get a stay order on sale of a property which belonged to my paternal grand mother and was passed to my uncle.
Asked 5 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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7 Answers

Did your grand mother execute will in favour of paternal uncle . .?

Was will attested by 2 witnesses ?

Your query lacks details

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Sir the facts and circumstances of case and your right on same has to be seen to get a stay. If the property was inherited by your uncle without giving share to other legal heirs. So kindly clearify the facts of case.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Sir,

It would not be wrong to say that there are chances, but same would be after looking at the documents.

Without giving details of chain of documents and what happened it is not advisable to comment.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

1. A stay order is possible, IF you prove that you are somehow a beneficiary and that the property was wrongly transferred to Uncle (due to threat, coercion, mental instability ....)

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You can get a stay on the sale or any kind of alienation of the property, if the mode of transfer of the property to your uncle was suffering from any defects like coercion, misrepresentation, undue influence or fraud.

If it is so, you can challange the transfer of property in the court jurisdiction.

Entire documents need to be perused, in order to render a more specific legal advice.

Regards.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You have to move an application under order 39 rule 1and 2 of the civil procedure code in the court in whose jurisdiction the property is situated and to prove that you are having a good case on your favour.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

From the given facts no opinion can be framed. Give detailed facts.

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

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