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Stay order on property in matter of family dispute amongst them
31-Mar-2025 (In Property Law)
The stay order on my property says not to
Alienate "the property. Can I give it on rent with one month notice to vacate
A stay order prohibiting alienation typically restricts selling or transferring ownership, but renting may also be considered a part of alienation depending on the court’s intent. It is advisable to seek clarification from the court before proceeding with renting the property to avoid any violation of the order
Helpful?
Adv. Adarsh Kumar
Delhi | 400+ Answers
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This would be wholly dependent on the words of the order. If it is mentioned that status quo must be maintained then you will not be able to rent the property with adverse assumptions being made by the Ld. Court. However, if there is no status quo and a restriction only on alienation by sale- then I don’t foresee any obstacles for you. However, please share the stay order so more specific advice maybe given
Helpful?
alienation here may mean giving up your claim in property by selling your share. When you are giving the property on rent you are not giving your share in the property rather merely creating another source of money flow from such share. Hence, giving your share on rent is very much valid.
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Adv. Paruni Sharma
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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