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Procedure to get stay order on agricultural land


29-Dec-2023 (In Property Law)
We have 4acres land and 4 brothers.according to the 7/12 the land is ok.but actually land is not equally divided between 4 brothers, actually my land is mapping 20 ghunte ,remaing 20ghunthe lies with other 3 brothers.they refuse to give me my 20 ghunte land .Can I get stay order on 4 acres agriculture land?
Answers (5)

Answer #1
919 votes
yes. but this land should be your joint family property. you have to file case for partition. so that court will decide that how much share you will get in this land. partition suit is the only one way to get your land in your possession
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Does stay comes on crop cultivation if there is a stay order on land?

If the court has granted a stay on agricultural land/farm then the party in possession of the land can farm with permission from the court. The court clarifies the order in case of a standing crop.

What is the validity of stay order?

If the matter is pending longer than six months, the order will be vacated unless an extension has been granted by a speaking Order indicating that the continuing stay should be given priority over the final disposition of the trial by the trial court. 22-Feb-2019

How long does it take to get a stay order?

To obtain a stay, you must present all documents related to the property as well as a copy FIR and a proof of ID to the court. The court can issue a stay order immediately if it is satisfied that the evidence presented by the defendants is sufficient. It can sometimes take between 7 and 21 days.

What is stay order on land?

Stay order for the property - This is a temporary injunction against a property when it is damaged, alienated, or sold wrongfully. It can also be used in cases where the opposite party threatens to sell the property or the property is in dispute. The Court grants it in accordance with order 39 of CPC.

  
Answer #2
724 votes
yes you can get stay on entire land on filing suit for partition and permanent injunction against your brother at civil court and get that decree.
you can also get injunction (stay order) from local court

Answer #3
848 votes
With reference to the above statement, we would definitely provide you the solution, we do take care of such kind of issues, for this we required more details to answer accurately, you can contact us to proceed
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Answer #4
346 votes
  1. Procedure to Get a Stay Order on Agricultural Land:
    a. Consult an Attorney: Before initiating the process, it is advisable to consult with an experienced attorney who specializes in property and land-related matters. They can provide legal guidance and represent your interests effectively.
    b. Grounds for Seeking a Stay Order: To get a stay order on agricultural land, you must have valid grounds for seeking it. Common reasons include disputes over ownership, property boundaries, or pending legal matters related to the land.
    c. File a Suit: If you believe that you have valid reasons for seeking a stay order, you should file a suit in the appropriate court. The court where you file the suit will depend on the jurisdiction and location of the agricultural land.
    d. Application for Interim Relief: Along with the main suit, you can file an application for interim relief, which includes a request for a stay order. In this application, you should clearly state the grounds for seeking the stay order and provide any supporting evidence.
    e. Hearing: The court will schedule a hearing to consider your application for a stay order. During the hearing, both parties involved in the dispute will have an opportunity to present their arguments and evidence.
    f. Court's Decision: The court will consider the merits of your case and the evidence presented. If the court is convinced that there are valid reasons to grant a stay order, it may issue the order.
  2. Injunction Order for Agricultural Land:
    • A stay order in the context of agricultural land is often referred to as an injunction order. An injunction order restrains one party from taking certain actions related to the land until the matter is resolved.
  3. Legal Representation:
    • Having legal representation throughout the process is crucial. An attorney can help you build a strong case, present compelling arguments, and navigate the legal complexities involved in obtaining a stay order.
  4. Language Preference:
    • If you prefer to have documents and proceedings in Hindi, you can communicate your language preference to the court and legal professionals involved in the case.
In summary, the procedure to obtain a stay order on agricultural land involves consulting an attorney, filing a suit, presenting valid grounds for seeking the stay order, and following the legal process through court hearings. An experienced attorney can guide you through the process and help you seek the necessary relief.
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Answer #5
101 votes
Stay order for land: India being a vast land of agriculture, the court can order a temporary stop to any land use. If the land is not owned by a person who can be identified or if illegal activities have been committed on the land, a stay order may be issued.
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