Procedure to get a stay order on a property about to be sold


My father is selling the property in which we live...but we are not in his favour if he sells the property we will be homeless so we hve apply to get a stay order from court kindly suggest me what we can do nd how we can get a stay order nd plz suggest me some hint to write an application to get stay order...plz help me.

Answers (5)


237 votes

You need to file a civil suit for the said property claiming your right in the property. The said application will be complemented with a prayer for temporary injunction. You will have to satisfy the court with the following:
(1)That you as the plaintiff has a prima facie case, (2)That the balance of convenience is in favour of plaintiff and (3) That the plaintiff would suffer irreparable injury if your prayer for temporary injunction is disallowed.
An injunction will be allowed for preservation of the subject matter which could be property.


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322 votes

Before getting into how to apply for a stay order from the court, there are certain questions which need to be answered by you with respect to the property that is being sold.

for example: what kind of property it is? self acquired or inherited? how long have you been staying here for? etc.

it is better if there is proper conversation on this in detail before a n appropriate step be taken

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84 votes

I need to know the basic detail of the property first then i will guide you better you call me

i will try to get the order from the court ASAP

FOR MORE DETAIL PLEASE CALL
ANAND DUGGAL
ADVOCATE AND LEGAL CONSULTANT
DELHI HIGH COURT

321 votes

Please clarify if the property is inherited by your father from your grandfather or purchased by own sources and whether you are dependent on your father?
You can accordingly file a suit for restraining your father from selling the property accordingly.
Alternatively, your mother can file a complaint under the Domestic Violence Act claiming stay on the sale of the said property it being her and her children's habitat.

228 votes

If your father is an absolute owner then there are less chances in your favour. But if the house is a coparcenery property then you can ask for injunction.
A suit for injunction can be filed before the court of competent jurisdiction. Kindly engage some advocate.

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