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legally stopping brother to sell parental property and want partition


18-Apr-2023 (In Property Law)
I have a question regarding property law, i want to get a stay order for the house my dad has passed away, the house is under his dads name. The heir of the house is me and my younger bro. Right now im not living in the house, but my bro is living there. I want to get a stay order for the house to avoid by bro selling the house and the belonging without my consent. How to go about it i mean the procedure for the stay order and the documents needed? Also is there a way to lock the house legally to avoid anyone from staying and keeping the belongings safe. And i also want to file a law suit for partition and separate possesion of the share, how to go about it and how long will it take?
Answers (3)

Answer #1
761 votes
Sir
As you told your father is the absolute owner of the property and after his death you brother is living and trying to dispossess the property. You can go for injunction and also claim the share in the property.
Please proceed with civil suit
Answer #2
672 votes
It appears that the house is is in your dads name, and heir of the house are you and your younger brother. And if you are not living in the house which of your brothers is living there.? And now if your dad is no more alive, what about change of name in property register ? A
Answer #3
941 votes
You will have to file a suit for partition and separate possession and in the same suit you will have to file an interim application and seek for an interim order of temporary Injunction restraining your brother from alienating the property. And about the time duration it is not possible to tell the exact time since lot of procedures involved in a civil suit.

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