How to get stay order on property distribution
24-Sep-2023 (In Property Law)
Excuse for the long story, but the context is required to understand the full picture. 3 children (one elder brother, one sister) to my grandfather's first wife. My grandfather bought a house in the name of his second wife (she has no children). But he received a full-right Will from his second wife before her death. My grandfather expired before 4 years. Now there should be a property document in my grandmother name and a Will in the name of my grandfather. We'd like to amicably share the property by 3 equal shares but my father's siblings are expecting more from this. What would be the best procedure to get a stay order until this problem is resolved? Since his elder brother is threatening that he will occupy the property and pledge the property to 3rd parties for a small loan.
You did not state you are a hindu or not.assuming you are a hindu and you did not state weather grandmother is alive(first wife) and how many issues your grandfather have.you didn't state when did your father's siblings got married.so,now we can't say how many shares.regarding injunction, you can move to court.rulings are in both sides.
The story is not exhaustive indeed. the contents of the Will are not made available to give proper advice.in the absence of any special consideration in favour of your father's elder brother in the Will, he cannot claim the same.
go for partition suit and issue notice against all persons . you can get injunction for selling it . then all of you can decide how to get share among you. you can claim the right according to the will . if you have the will then take steps for probate.
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