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Stay order on property by my brother in lower court
05-May-2025 (In Property Law)
My brother took a stay order on our joint property in which we are equal heirs.
But I had already entered in sale agreement and took advance for my share a month earlier before the stay order.
Should I go ahead with the sale.
As the property is jointly owned and a stay order has now been granted by the court, any action to proceed with the sale may be seen as a violation of the court's order, even if the agreement predates it. You should not go ahead with the sale until the stay is vacated. Contact to me to file an appropriate application before the court to clarify your position and seek necessary relief.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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No you should not, as that will be a contempt of court’s order. You can try to settle the matter amicably for speedy disposal, in order to sell off your share.
For any further legal assistance please feel free to contact.
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Adv. Jia Kapur
Delhi | 200+ Answers
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It would be prudent to approach the court at the earliest opportunity to formally apprise them of the existence and key terms of the Agreement to Sell. We encourage you to provide all relevant documentation so we may offer you personalized legal advice.
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If court hasn’t put any status quo or injunction on property then you can go ahead & sell the property but u must inform about the case to the current buyer. Otherwise, you need to take permission from court to execute the sale deed.
Kindly n in touch to understand the legalities
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Adv. D. Khan
Delhi | 1000+ Answers
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