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How to get the stay order in the property of my garndfather


09-Jul-2023 (In Property Law)
iam hindu having have property(agriculture land and house) in my native place which are registered in name of my grandfather name my uncle(my father's younger brother) is taking care of this property and now he is not ready to share the property i had several meeting with him but all ended with pitty quarels which never went till police station now my question is can i get stay order on this property? will stay order stops the person from working on agriculture land? if yes what's the procedure?
Answers (2)

Answer #1
560 votes
Yes. You have to file partition suit before jurisdictional civil court and get the relief which you want, one thing is before going to file civil suit you have to issue a legal notice for demanding your respective share from your uncle. All the best.
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Answer #2
904 votes
Your only option is to file a civil suit for partition. You will most definitely get an interim order against your uncle from selling / alienating the property (even without hearing the opposite side). However getting a stay order to restrain him from working on the property will be difficult - for which you will need to move an application for appointment of receiver who will take over the management of the land (it is unlikely that the court may grant this without hearing the opposite side).
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