It does not prohibit carrying on construction
2) it does not amount to contempt of court
3) if unauthorised construction is done file writ in HC to direct muncipal corporation to demolish unauthorised construction
Does stay against sale imply stay against any fresh construction?
Regarding ancestral property in Punjab impending division amongst co-sharers. A stay was granted by court against any sale of land. One of the co-sharers started construction, which was reported to Police and municipality (as construction was without naksha). But the construction has now completed. Can construction by this co-sharer be implied under contempt of court stay order on sale of land impending division? Can any action be taken against the co-sharer now that now his construction is complete
Asked 3 years ago in Property Law
Religion: Hindu
8 Answers
The court has given injunction to not to alienate alone.
But it has not passed any order restricting a shareholder from constructing a structure in the vacant land.
Therefore it cannot be regarded as contempt of court.
Since a partition suit is filed you can claim a share in the constructed property too.
Dear Client,
Where a stay order has been granted by the Court in relation to any property in dispute, then no party to the suit can undertake the construction activity or do any act which affects the right of the other party. All you can do is apply before the Court for the vacation of the stay order. In case anyone starts the construction work then it will be contempt of Court and he will be liable for punishment accordingly.
Thank You
The construction carried out will be at the risk of constructing party. Stay against sale is stay against creating third party rights by transfer of property. Any party is entitled to improve the property but the benefit of which such party cannot claim. If the property is decreed in favor of other than property constructing, it cannot claim compensation for improvements made. That will be the law.
- Since , the stay order was granted to restrain any selling of any portion of the suit property , then it will not applied to raise a construction in the suit property.
- Hence , this will not considered as contempt of the court.
- However, at the time of granting share by the said court , that constructed part will be also a part of division . It means that after constructing on any portion of the suit property that sharer will not become its owner.
Yes you can file suit and take necessary Injunctive reliefs from them
If the court has ordered a stay, going ahead with construction is really an act of deliberate contempt of court. Get an order for demolition.
during stay order i.e. injunction, nothing can be done upon the property, not even a construction. injunction does not restrict sale only, it restrict all activities.
If only sale is restricted then it is not stay / injunction. It is lis pendens.
