Procedure to apply for stay order against agricultural land
06-Apr-2023 (In Property Law)
We have some agricultural land of 12 acres which is to be divided in 4 brothers however one of my uncle is not ready to divide it equally so can we put a stay order on it, so out of 12 acres some where round 8 acres has our grandfather's name on the property and 4 acres was taken by everyone but named under one uncles name... So can we put a stay order on altogether 12 acres land.....? Also after stay order of he agrees to divide equally can we take stay order back.......? Please advise how it needs to be sorted
Yes you may apply for injunction against said uncle. First of all you issue a legal notice and then may file a civil suit of partition declaration and injunction and after the mutual understanding you may withdraw your suit also.
How many types of stay orders are there?
Hearing this loudly In the event that a major development may require it a judge can decide to grant an Order of Stay without having to convince the other party explicitly or make such a request. There are two types of Stay Orders: stays of proceedings and stay of execution. 10 July 2023
Does stay comes on crop cultivation if there is a stay order on land?
Listen to this loudly: If the court has granted a stay on agricultural land/farms, the party in possession of the land can farm the land with permission from the court. The court clarifies the order in case of standing crops. 29 Dec 2017
What is the procedure to take stay order?
We need to provide the Court with the proper documentation of the property in order to obtain a stay order. The documents required for stay orders include a copy of the FIR and an ID proof, along with other relevant documents in the case. Documents of the property will be required in the case of a stay order.
How do you prove possession of agricultural land?
The sale deed or gift deed. Tax receipts are the latest tax receipts. Encumbrance Certificate: This certificate ensures that the property does not have any legal disputes or liabilities. 12 May 2023
Hear it out loud registering a court stay order You can approach the court by bringing the FIR, a copy the charge sheet, all documents pertaining to the property and your ID, as well as any other documents that you feel are relevant.
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