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Uncles son might put stay to block construction what to do legally
22-Feb-2023 (In Property Law)
Hello , I wanted to know that before my grandmother (like massi-grandma) took care of my dad and my uncle.Several years ago she made the will on my dad's and my uncle's name but later on because my uncle's family didn't take care of her properly she cancelled that will and made another one only on my dad's name.But now after my grandmother died my dad wants to reconstruct the house but we are afraid that my uncle's son will put a stay order to block the construction of the property! What should we do ? Please help us !
File caveat. If your uncle will try to take stay or interim stay orders court will not give him stay unless notice is issued to you and there are not sufficient grounds to ignore stay. Caveat is very much helpful in civil cases.
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Adv. Shivam Sood
Ludhiana | 200+ Answers
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File a suit for permanent injunction restraining him from interfering in your possession and obstructing the construction. Or start construction and file caveat in court so that in case he files suit then you be heard before considering stay application.
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Adv. Navjot Singh Wahniwal
Faridkot | 25+ Answers
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hello, I shall advise you to approach the court first and seek stay against your uncle, that you have apprehension that he may try to disturb the peaceful possession of yours on the property. the stay is likely to be granted in your favour, so, you may go ahead and get the stay orders in your favour and once stay is granted , you are likely to win over the case as well on the basis of the evidence and will etc.
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