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One brother constructing on undivided property want to file stay order


05-Jul-2023 (In Civil Law)
We have a property and it is not divided among my brothers. One of my brothers is doing construction on a part of this property. Is it possible to file a stay order for the portion of property he is constructing? Please suggest. Thanks
Answers (5)

Answer #1
795 votes
Yes you can file injunction suit for partition and declartion also get stay from that property for against any construction till partition of the property. No one can encroachment on the property. You can contact me.

Answer #2
703 votes
You have a portion of land that is not devided among the brothers but every brother has his share. You can proceed to file a case for stay to stop your brother from constructing upon the property. It will be better to file a partition suit along with stay application
Answer #3
682 votes
Surely its possible to get stay but it can be surely said only after understanding of the case and seeing all the documents. It is not possible to advise correctly without properly going through the case. You are advised to contact a lawyer face to face with whole case and then get the correct advise and follow accordingly.
Answer #4
542 votes
Yes, court can grant a stay order to stop construction because its a joint property and you also has right in that property. File an injuction and partition suit in civil court in whose jurisdiction such property is situated.
Answer #5
626 votes
Yes, in this case an interim stay can be easily taken from the Hon'ble court as the property has not been divided yet and not even a decree of partition has been granted amongst the legal heirs. So, you can get an injunction granted in your favour. For more details, you can connect with me through lawrato team for my contact details and office address.

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