Want to get stay on agricultural land if property partition is pending

675 votes

You can't ask for stay as the property is joint between the parties. But you can still get a stay regarding dispossession if you're in exclusive possession of any portion of land by filing a civil suit.but every cosharer can alienate his share he can't be restrained and in that event sale would be subject to partitions

Advocate Kanwarjit Singh Pruthi LawRato

766 votes

General rule is that a co-owner can not seek injunction ( Stay ) against another co-owner. However if you can show that other co-owner is ousting you or challenging your title and possession from use or want to change the nature of land use or character or raise construction of boundary wall of building thereupon which would adversaly affect your rights, in that case you can seek stay.

Advocate Harminder Syal LawRato

874 votes

Injunction suit can be filed with detailed review on same interim stay under civil remedy partition suit with declaration and possession described in suit will help in further pleasing protecting you from further claim

Advocate Aman Gupta LawRato

784 votes

you can get stay that the defendant be restrained from alienating, mortgaging, transferring and gifting away the specific portion/Khasra number or portion along with boundaries of suit property to any one till the disposal of partition proceedings.

Advocate Raj Kumar Mahay LawRato