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can a stay or property vacation be issued against sister


25-Aug-2023 (In Property Law)
After the death of the mother, if there is dying declaration, stating that the property shall be divided between 2 sister( there is no son), & if one sister is staying on the same property , & not agreeing to vacate, can a stay / vacation notice be issued ( in how much time) thanks atul
Answers (2)

Answer #1
769 votes
Even without dying declaration both are equally entitled. File a partition suit.
Injunction can be issued against her not to alienate it in any way. Time you get injunction soon but decision takes time at times lot of time unless settled.
Answer #2
753 votes
It is matter of 4 to 5 days to draft the case papers and file the same in the court..
But first you need to appoint Advocate to fight for you in court.
Also you need to consider the court fees to be paid in court.
So, depending on the area and court jurisdiction, the Advocate Will advise which court Will be proper court.

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