• Stay on property

My father wrote a registered will mentioning the ground floor to my brother and first floor along with stair case to myself. 
My brother's family is intending to put up their share of the property i.e ground floor on sale/rent to commercial establishments. 
My only objection is if they do give it for commercial establishments, my peace and the structure of the entire property will be disturbed. This property is located in a busy commercialized area and is about 50 years old. They are not ready to vertically divide the property into two halves as well. 


Can I get a stay order from court to prevent this? If yes, on what grounds can I get a stay order? What other options do i have to stop this from happening? 
Kindly guide me
Asked 1 year ago in Property Law
Religion: Hindu

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10 Answers

Yes, you can get stay order from court on below grounds:

  • Check the building is constructed for commercial or residential purpose 
  • You restrict to give property on rent for certain business only, you can list down it. whichever harm for you than kindly deny those business

 

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

If the property was divided floor wise and was bequeathed to both accordingly then you cannot dispute or object to the sale of property by your brother. 

However though floor wise partition was mentioned in the Will,  you still have rights in the land underneath the structure equally. 

Therefore your brother can sell only his share in land and the ground floor structure to the prospective buyer. 

Legally you cannot object to the sale nor you can get a stay order. 

However if there arises a commercial establishment in the residential property,  you can object it and give a complaint to the local civic body about it,  if no fruitful result is seen then you can file an permanent injunction suit against the buyer. 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Yes you can easily get stay in this matter in the high court on the ground if this will effect on your rights and will damaged the property or hinders your peaceful living.

Tarun Singhal
Advocate, Chandigarh
38 Answers

5.0 on 5.0

Residential property cannot be used for commercial purposes 

file suit seek injunction restraining brother from using residential property for commercial use or for sale , rent to commercial establishments 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

  1. Will does not permit conversion of property from residential to commercial.
  2. Conversion of property to commercial use is against the intention of testator.
  3. Property constructed for residential use.
  4. Intention of testator is paramount.
  5. Use of property for residential purpose is implied condition of the will.
  6. Do not claim that it will cause inconvenience to you, that is not a valid ground to restrain him from converting the property.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

- As per law, said brother cannot sell outsider without getting your consent and without giving you the priority to purchase the same. 

- However , he can give his portion on rent for residential purposes and not for commercial . 

- Further , the permission from the competent authority like Municipal corporation is necessary before giving a residential hosue for commercial purposes. 

- Hence, you can file a suit for Permanent injunction before the court for restraining him from giving that property for commercial purposes . 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Yes, you may file an application at the proper court in consultation with a competent lawyer for obtaining an order of injunction restraining your brother from selling his share of the property to any third party on the grounds you have mentioned.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

Hire a lawyer and approach the court with an application requesting a stay order on your property. Along with your application, attach documents such as property papers, identification proof, and FIR along with the application. Mention the reason and nature of stay you are seeking.

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

You amy ask him to seel the property to you first. That provision must exist in the will. Moreover, if you cannot buy the property then too you may dispute the contents of the will and challenge it so that he may agree to it. There are many ways.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes but you need to prove the will to be invalid 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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