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Procedure to remove the Stay order from the court in case of property
10-Aug-2023 (In Property Law)
We are staying in an ancestral property without any names assigned to it. We were getting it constructed and due to a dispute between my brother and me, my brother got a stay order from the court. How can I remove this stay order? When my father died, he wrote all the properties which he had bought under my kids name since my brother adopted a 24 year old guy. Though we have the papers, since this property is ancestral, there is a stay order!! Can anyone suggest me a solution to this?
For this you need to hire a good lawyer and file an application for stay cancellation. It depends upon the judge that whether he finds sufficient merits in your application as it is eligible to be accepted and stay order needs to be set aside.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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How long a stay order is valid?
According to the order of the supreme court, all stays will be valid for six months from date. If there is not a specific order such as until further order or until next hearing then stay will continue in force. 1.
What is the meaning of stay order in property?
A stay order is temporary action that stops or delays the use of property or land, until a decision is made. In India, astay order or temporary stop or delay of any legal proceeding is used to protect the rights of citizens.
How do you break a stay order on land?
The defendant can challenge the stay order in the first instance before the same court that granted the stay order. This is done by filing an interim application to vacate such stay orders. If the same court refused to vacate the stay order, an appeal can be brought before the appellate courts. This includes high courts and supreme Courts.
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