• How to get stay order

My great grand mother made a WILL in favour of my grand mother and my grand mother made a WILL in favour of his two sons and my mother as my father passed away.These WILL is for 2 properties ( houses ) one in Bikaner Rajasthan and another in Tezpur Assam.
One of my Uncle is staying in a property in Bikaner and he forced my mother and sister to leave the home as he used to fight everday. I was helpless as I stay in delhi due to my job obligation.My other uncle lives in Tezpur Assam and he is having good relation with us.I have following questions if someone can help.

1) My Mother want to file a a civil suit in Bikaner rajasthan for the division of the property as per my grand mothers WILL( registered in registrar office ) as my uncle want to grab the whole property.Is it possible to get a stay order from the court as we fear he might sell the property illegally.

2) Also is there any provision that the court ask my uncle to vacate the property till the time any decision is made.

3) My grand mother have not given any thing to my Aunties ( bhuas ) in the properties. Is by any way they can claim their part in property whereas the WILL clearly states that they dont have any share.

4) Is it possible that by filing the civil suit in Bikaner we can also get our share in Tezpur property as It should be division as per WILL for all the properties.

5) We dont want to sell the land and need our share of land only. Is by any mean my uncle can legally force us to sell the land .

6) We have 4 rooms locked in the bikaner property with our belongings. My uncle dont allow us to enter the home. Please suggest by what way we can legally enter the home to check our belongings that those are safe and he didnt sold any thing.

It will be helpful if any of the expert can reply to my queries.
Asked 1 year ago in Civil Law from Bikaner, Rajasthan
1) when did your grand mother die ?

2) your mother should apply for probate of will left by your grandmother 

3) as per said will your mother has1/ 3rd share in said properties 

4) probate can be obtained for Bikaner and tezpur properties 

5) once application for probate is filed notice would be given to all legal heirs 

6) if no legal heir opposes you can get probate in 6 months 

7) your uncle cannot sell properties without your mother consent 

8) if your uncle refused to permit your mother to enter the house she can file police complaint against her brother as she is 1/3rd owner of the house 

9) after grant of probate your mother can file suit for partition for division of properties by metes and  bounds 

10) also obtain injunction restraining her brothers from selling property 

Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
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1) My Mother want to file a a civil suit in Bikaner rajasthan for the division of the property as per my grand mothers WILL( registered in registrar office ) as my uncle want to grab the whole property.Is it possible to get a stay order from the court as we fear he might sell the property illegally.

Yes your mother can file a suit for partition and separate possession of  her share in the property that has been bequeathed through a registered Will in her favor too, which may include the properties situated at Tezpur Assam also.  Along with the partition  suit, she may file a petition for injunction restraining the defendants from alienating or encumbering the property until  the disposal of the pending suit. 




2) Also is there any provision that the court ask my uncle to vacate the property till the time any decision is made.


No, there is no such provision to evict or dispossess your uncle from the suit property till the disposal of suit.


3) My grand mother have not given any thing to my Aunties ( bhuas ) in the properties. Is by any way they can claim their part in property whereas the WILL clearly states that they dont have any share.

They cannot claim any share in it since the Will is very clear and the testator has absolute rights and title over the properties bequeathed in the Will in favor of the beneficiaries. 



4) Is it possible that by filing the civil suit in Bikaner we can also get our share in Tezpur property as It should be division as per WILL for all the properties.
Yes in the partition suit filed in Bikaner, the Tezpur property can also be included 




5) We dont want to sell the land and need our share of land only. Is by any mean my uncle can legally force us to sell the land .
Yes, you can have the piece of land as your share through court, he cannot force to sell the same. 




6) We have 4 rooms locked in the bikaner property with our belongings. My uncle dont allow us to enter the home. Please suggest by what way we can legally enter the home to check our belongings that those are safe and he didnt sold any thing.

You can file an application for allowing entry and occupation of the vacant room till the disposal of suit before the court. 


T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
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1. Your mother is the beneficiary of the will of her mother-in-law. Since she has a share in the property she can cull it out by filing for partition in the court. If the uncle is trying to grab the property and/or sell it then the immediate legal recourse should be to seek a stay order from the court. If he succeeds in selling it it will be difficult to impeach third party rights created by him. 

2. The court has abundant power to order the eviction of your uncle. 

3. Your aunts have not been given anything by your grandmother, so they cannot claim a share. 

4. You can seek the division of both the properties.

5. No one can force the owner to sell the land. A sale made under force is illegal and liable to be annulled. 

6. To enter your property you can seek a restraint order from the court against your uncle.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
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