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How to get stay and partition order on inherited property from court
18-Apr-2023 (In Property Law)
I have questions regarding property law, me and my bro are the co- owners of the house. My dad had passed away, so now i want to get a stay order from the court to avoid my bro from illegally selling off the house and its belongings. Also we want file a law suit for partition and separate possesion of the share. So my questions are 1. How do i get a stay order from the court, what are the procedures and documents needed? 2. I want to file a law suit for partition and separate possesion of the share, can i do it with the stay order on the property or i should file for a partition first?.And also how long will it take for the share to get divided? Hope someone can help me in this
You can fe for such an order from the court without filing a partition suit. You can get separate possession if you file for partition also but. If you ate not in hurry only file for injunction. You need to submit certified copies.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Sir
As your the co owner of the property and you have have equal right over the property. If you have any presumptive doubt that your brother is going to sale the property without your consent or knowledge, you can proceed by filing injunction suit. Apart from that you can also seek for your share on that property.
For injunction you should be in the possession of the property . But here you are no in possession of the property. As you informed that you are the co owner and on your right you can proceed with for injunction.
Simultaneously you can file a suit for partition.
You file partition first and in that you can sought for injunction
As your the co owner of the property and you have have equal right over the property. If you have any presumptive doubt that your brother is going to sale the property without your consent or knowledge, you can proceed by filing injunction suit. Apart from that you can also seek for your share on that property.
For injunction you should be in the possession of the property . But here you are no in possession of the property. As you informed that you are the co owner and on your right you can proceed with for injunction.
Simultaneously you can file a suit for partition.
You file partition first and in that you can sought for injunction
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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First approach a good lawyer. He will file a partition suit and in that suit will obtain an interim order granting injunction against your siblings against alienation of the property. It's one case you don't have to file two case for partition and injunction
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Adv. Praveen Pinto
Mangalore | 25+ Answers
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