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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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First you need to set aside the stay order from the same court or from the higher court. as you had already entered into the sale agreement , there will be no issue to exucute the sale deed . it will be better to set aside first then proceed with sale agreement
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Adv. Mukesh Kumar Sah
Delhi | 200+ Answers
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No you can’t. If your brother has stay order on the property, then the sale of the said property will be counted as contempt of court I.e going against the court order. Infact , now it’s disputed property, so incase you should not sell it. Rest to make it more clear . Please share the stay order to guide you better
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Adv. Aditi Gupta
Delhi | 25+ Answers
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No now you should not sell the property. first right on the property you are selling is of your brother. if he denied than you can sell to anyone. if you sell to same person that It would be contempt of court.
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Adv. Rajesh Kumar
Delhi | 100+ Answers
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It would be prudent to approach the court at the earliest opportunity to formally apprise it of the existence and key terms of the Agreement to Sell. Concurrently, it is also advisable to inform the buyer of these legal proceedings and any associated developments. This proactive communication fosters transparency and can help prevent or mitigate further legal complications.
To enable us to provide tailored legal counsel, we encourage you to furnish all relevant documentation for our review.
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