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How to prevent Stay Order on property which is legally divided ?
16-Jul-2023 (In Civil Law)
I have a property which is legally divided in sub registrar office in delhi with oral
demarcation in property papers. But how to prevent other people to take stay for any reason when I will be doing physical partition.
Does Caveat petition is of any help ?
you say partition has been registered, which has to mean that it is a written partition as oral partition is an unregistered form of partition. Anyway, the physical partition can be stayed for want of sanctioned building plans etc. No one who is not a party to the partition, unless entitled to a interest in the property of the nature that shall determine the partition, can seek injunction against you. As I understand, you need not worry.
Helpful?
Adv. Aditya Vikram
Delhi | 100+ Answers
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How long does an injunction order last?
Injunctions permanent or perpetual may be issued by the court at the conclusion of a case as part of its final judgment. They usually prohibit (or require) the act or acts specified permanently or as long as relevant circumstances exist.
When can an injunction be vacated?
The court may also vacate an injunction if the application for temporary injunction or any affidavit that supports such application contains a knowingly false or misleading statement about a certain matter, and if the injunction has been granted without notice to the other party.
What can you do against an injunction?
You can file a motion with the court. You can threaten sanctions (if the other partys claims or defenses do not have evidence or are made in bad faith) You can submit interrogatories. You can go to court and win the case on technical legal grounds.
What is the remedy against injunction order?
A party who violates an Injunction and disobeys it may have his property attached. He can also be held in the Civil Prison for up to three months. The attachment made under this rule shall not be in effect for more than one year.
Yes obviously, once we have filed the caveat nothing can be done without our knowledge and court will not pass any order without hearing us.
If at all such stay is still granted, we will have then immediately seek for vacation or stay.
But in the present taking recourse of a Caveat Petition is the most feasible option.
Thank You.
If at all such stay is still granted, we will have then immediately seek for vacation or stay.
But in the present taking recourse of a Caveat Petition is the most feasible option.
Thank You.
Helpful?
Adv. Aditya Singh
Delhi | 100+ Answers
CONTACT NOW
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