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How to file application against stay order on property
18-Feb-2023 (In Property Law)
I have a allotted property from government on my brothers name but since the property allotted I'm in the possession along with my children and grand children's .I'm in possession from last 40 year now in 2013 my brother file suit against me and court gave him a stay order in 2014 against the construction .and the property is a dairy plot witch was allotted in 1976 he never be in possession .now I want to remove that stay order to make my property b.coz here every one is already made there property for that m facing many problem like drain water flowing in my property my cattle are also facing problem with water logging in plot .so sir is there any way that court will take there order back in same
You have to give proof of your 40 years uninterrupted stay in property.You have to eastblish the property is a HUF property and by oral understanding amongst family this came in your share.if you can establish the above two you can file application for vacation of stay
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Adv. Amit Gaurav
Delhi | 200+ Answers
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you will have to challenge the stay order in appeal and simultaneously file a suit for declaration claiming ownership through adverse possession. If you have been living at the suit property uninterrupted for continuous period of 12 years you claim title through adverse possession.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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