• Probability of stay order

Hello respected Lawyers,

My name is Mittul Mongia. 
1) When i was 7 years old I was given into adoption in 1987 to my grandfathers sister who was a child widow and had no husband.A proper adoption deed was registered in 1987 where it is clearly mentioned that I will be the only owner of all her property.As per all legal documents she is my mother for all legal purpose. She passed away in 2006

2) In  same year of adoption in 1987 all her property was transferred to my name by a decree and then mutation sanctioned by the judge.

3) Similarly my grandfather transferred part of his property to my name by a decree and then mutation sanctioned by the judge in 1987. 

4) Since i was a minor both these decrees and mutation were carried THROUGH my biological father as he became my guardian. He (My biological father) did all the legal formalities for the same.

5) Also in the revenue records properties are registered under my name for past 30 years. Now all the land has been acquired by the government and my compensation is stuck in the land acquisition office in Haryana. 

My father also got a good share of property from his grandmother.

My father has filed a case on my property saying that land revenue records for the 2 properties mentioned above are wrong and he bears a  will of my legal mother who adopted me. The legal will dates back to 1969 in my fathers name. But  when i was legally adopted in 1987 the registered adoption deed also says that from today I (Mittul mongia) will be the only owner of her property. But all the property was transferred to my name legally 30 years back and is reflecting in revenue record's as well.

The court date for arguments for stay order is approaching Pls tell if stay order will be passed or not on this case since i have all original documents for both properties mentioned above. Revenue records in the Haryana Land Revenue System show my name corresponding to the 2  properties in question for 30 years. What is the probability of stay order being passed looking at all the facts i have mentioned.

Thanks
Mittul
Asked 1 month ago in Property Law from Gurgaon, Haryana
Religion: Hindu
The will of 1969 stands superseded by your adopted mother assertion that from 1987 you would be owner of her properties 

2) properties have been duly transferred in your name 30 years back  

3) it is doubtful court would  grant any stay 
Ajay Sethi
Advocate, Mumbai
23184 Answers
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Dear Concerned,

Currently you are the owner of the property and the same has been recorded in the mutation as well from last 30 years. In such a scenario there is minimal possibility that the court will grant a stay. If you have already filed your written statement _ assuming you have already brought on record the copy of the original documents - the court will not grant stay to your father. 

Best of Luck
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
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1. Adoption deed does not revoke the will. If the will has been drafted, irrespective of whether it is registered or not, it can be cancelled through a subsequent will or another instrument of transfer of property by the original testator.

2. Revenue records, you must understand, are not documents of title, and therefore cannot oust a will. 

3. Be that as it may, if your father has filed the suit then contest it fittingly. 
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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Chances of court granting stay are bleak 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
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It depends on the pleadings, without perusal of which it is impossible to form an opinion;
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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The claim by your father on the basis of a Will reported to have been executed in the year 1969 is legally not maintainable for the reasons that it is very badly barred by limitation, he plaintiff who executed the mutation work on your behalf after the registered adoption deed with regard tothe property in question was very much aware of the will at that time  but never raised this question to the testator then, also once the property under bequest as already disposed subsequent to the so called execution of Will, then the will becomes infructuous or cancelled, especially the bequeathed property was transferred to a third party by the testator during her lifetime, then the question of enforcement of will after her lifetime doesn't arise because there is no property available and the will stands cancelled. 
You may have to fight out the case properly based on above points and with other points as observed based on the pleadings of the plaint.
The case by the plaintiff is not maintainable. 
You be in regular touch with your advocate and discuss in depth on all the points to defend your case
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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I just wanted to know what are the chances(if any) of getting a stay on this property. Please reply

If you fight it out properly then he will not have any chance to get stay on this property.
His case is not maintainable for many reasons some of which have been mentioned in my previous post. 
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0

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