How to get a stay order over a disputed property

634 votes

Hi sir/madam.
Sir no problem you will file case against her after only you will get stay order so first you go to meet advocate for further procedure

Advocate D Parthibhan LawRato

576 votes

Hello !! I am giving the following opinion only based on the limited details that you have provided me.

Facts as understood from your question:-
a) That your grandfather had owned a piece of agricultural land and had passed away leaving behind your mother and her younger sister (Chitthi) as legal heirs.

b) That your chitthi had sold some portion of the agricultural land to third parties and thereafter you had made a complaint to the Collector for cancellation of registration.

c) Your mother had sent a legal notice to your chitthi calling her upon to partition the agricultural land.

d) Your chitthi replied to the legal notice giving her consent for partition.

e) You are ready to divide the land only after cancellation of the document registered by your chitthi in favor of third parties.

Queries:-

i) How to safeguard the agricultural land from being sold by your Chitthi?
ii) Is it possible to get a stay order from the Court so as to prevent your chitthi from selling the land ?

Answer:-

Before getting into the matter, I would like to clarify that a registered sale deed can only be set aside by a Court of law and Collector has no discretion to cancel a sale deed that came to be executed and registered between two private parties.

In so far as your query is concerned, in order to protect the remaining share of the land, you can file a suit for partition before the Sub Court seeking for a relief of partition of the agricultural land by metes and bounds and also for a relief of declaration that the sale deed executed by your Chitthi in favor of the third party is null and void. Since your mother is not a party to the sale deed, she can merely ask for declaration of the sale deed as null and void and pay minimum court fee.

However, I do not understand as to why you are saying that you are willing to divide the property only after cancellation of the sale deed executed by your Chitthi. There are other ways to get your share without even cancelling that sale deed. I will give a small illustration for your better understanding.

Illustration A:-
a) Let us assume that your grand father owned 10 Acres land and he died leaving your mother and Chitthi as his legal heirs. As per law, your mother is entitled for 5 Acres and your Chitthi is entitled for 5 Acres. In your case, your Chitthi has already sold some portion of the land without the signature of your mother. The said transaction is void as the land has still not been partitioned. Let us assume your Chitthi has sold 4 Acres of the land in the northern portion to a third party and the remaining 6 Acres still remains unsold. Now, your mother can enter into a partition deed with your chitthi and make an arrangement to the effect by allotting the 4 Acres that has been already sold by your Chitthi to your Chitthi's share itself along with another 1 Acre. And the remaining extent of the land measuring about 5 Acres in the southern portion can be allotted to the share of your mother. While doing so, it is necessary to ensure that the boundaries are well identified.

Illustration B) Let us assume that your grand father passed away leaving behind 10 Acres of land. Your chitthi and your mother are entitled for half share each (i.e) 5 Acres each. Your chitthi had sold 6 Acres of the land to third parties. However, since there was no division of the land, the land sold by your Chitthi cannot be identified. In such circumstances, your mother files a suit for partition in Court by showing your chitthi and the person who had purchased the land from Chitthi as opposite parties (Defendants) and pray for the relief of partition and declaration of sale deed as null and void. In such situation, the sale of land by your chitthi will not be cancelled by the Court. On the other hand, the court will grant the relief of partition and instead of dividing and sharing the land between your mother and Chitthi, the court will divide the land and allot 5 Acres to your mother and another 5 Acres to the person who bought land from your chitthi. That third party will in turn ask you Chitthi to repay him the money that he paid for the extra 1 Acre. In any event, your Chitthi cannot sell more than 5 Acres of the land (her share) and even if she does it will not be valid.

While filing the suit for partition and declaration of sale deed as null and void, file an interim application also seeking for the relief of temporary injunction restraining your chitthi from alienating the land to any person until the suit is decided. Since your chitthi herself has agreed for partition, the court will straight away give a stay order. After that, you can work out the remedies in the suit proceedings.

Hope it helps !! Apologies for a detailed reply

LawRato LawRato