How to get a stay order for a property

868 votes

Yes the said document is not valid as any transfer of the ancestral property should be agreed by all the co-parceners. If minor then they can claim their share in the property within 3 years of attaining majority. Also, you can file a partition suit in the jurisdictional civil court. As, The legislature has not prescribed any period of limitation for filing a suit for partition because partition is an incident attached to the property and there is always a running cause of action for seeking partition by one of the co-sharers if and when he decides not to keep his share joint with other co-sharers. Since the filing of the suit is wholly dependent upon the will of the co-sharer, the period of limitation, specially the date or time from which such period would commence, could not have been possibly provided for by the legislature and, therefore, in this Act also a period of limitation, so far as suits for partition are concerned, has not been prescribed. This, however, does not mean that a co-sharer who is arrayed as a defendant in the suit cannot raise the plea of adverse possession against the co-sharer who has come before the Court as a plaintiff seeking partition of his share in the joint property.

Advocate Siddhant Sharma LawRato

588 votes

Dear Sir/ Madam

You please get the legal heir certificate of your father. Get the patta and chitta for the land which now under dispute. Get the copy of the alleged record that was signed by you all that was fraudulently obtained from you. Get a petition to Electricity Board to get the service connection be disconnected for commercial usage. First file a suit to cancel the registered document saying that it is illegally and fraudulently obtained and using that fradulent document he is commercially using the well for his own enrichment without obtaining permission from the local body. Please consult a lawyer immediately.

Advocate A Selvam LawRato