Can family members get a stay order on my property share?

205 votes

Family members who are co-owners of a property cannot typically bring stay orders at the time of construction to create unnecessary delays if a legal partition deed has been executed and registered. A partition deed is a legal document that divides the joint property into individual shares and establishes the ownership rights of each co-owner.

Once a partition deed is executed and registered, it legally separates the property and grants individual ownership rights to each co-owner and generally none of the other co-owners can take stay order on the property or its enjoyment. This means that each co-owner has the right to use, manage, and dispose of their respective share of the property as they deem fit, subject to any specific provisions mentioned in the partition deed.

However, it's important to note that legal disputes can arise even after the execution of a partition deed. There are certain circumstances where a partition can be reopened or challenged under Hindu law:

1. Fraud or coercion: If a partition is obtained through fraud, misrepresentation, or coercion, it can be challenged by the affected party. The aggrieved party can seek to set aside the partition on grounds of fraud or undue influence.

2. Undivided interest left out: If a coparcener's interest in the joint family property was inadvertently left out or not accounted for during the partition, they may have the right to reopen the partition and claim their rightful share.

3. Newly discovered property: If after the partition, previously unknown joint family property or assets are discovered, it may be possible to reopen the partition to include such assets in the division.�

If any family member disputes the validity of the partition deed or challenges the distribution of shares, they may initiate legal proceedings to assert their rights. In such cases, they may seek remedies like filing a lawsuit, seeking a temporary injunction or stay order, or raising objections through appropriate legal channels. The court will evaluate the merits of the case and decide whether to grant a stay order or not.

To address your specific situation and better understand the potential legal implications, it is advisable to consult with a qualified property lawyer.

LawRato LawRato

615 votes

Firstly if you have a genuine registration deed and partition deed of the property then there is nothing to fear as any objection raised at such a belated stage would not stand before the court.
Further, you can also plead before the court that no suit can be instituted against the enjoyment of your share of property as the same would be barred by limitation.

Advocate Samyak Raj LawRato

794 votes

If they giving a problem unnecessary creat problem you can get stay ..but before that ..should be verify the documents about the partitioned when it was done and how much share did you got depend all this..,

Advocate Vedashree A LawRato

711 votes

Once partition deed is register no family member can challenge. After registration of partition deed you will become absolute owner of share of property came on your share. No family member can bring stay order against you. You may proceed with construction.

Advocate Rajesh Shettigar LawRato

476 votes

A stay order or temporary injunction can be granted by the court in accordance with Order 39 of CPC when property in question is being damaged, alienated, or sold in error or in cases where opposing party threatens to dispose of or dispute property.

Advocate Chikirsha Mohanty LawRato