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What to do if a person is still working after the stay order
10-Jul-2023 (In Property Law)
my sisters husband is sell his family property ( land in acres). to another person . my sister not living with her husband in that time & at present also. my sister have a daughter so we give a stay order about that property land to decide by court . but that person continue to work in land .so please give me a suggestion
If the stay order has already been passed by the court and the same is not being followed then you can file a case of civil contempt against the contemnor in the High Court. Before filing a contempt petition in the High Court you should also file a police complaint and inform and ask the police to ensure the court orders are followed.
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Adv. Samyak Raj
Delhi | 500+ Answers
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What if I have sold the property and after that stay order is given?
Answers (3) The other party can only take action against you if the stay order is given after the sale of the property. You will not be found in contempt of court as you did not violate an order from the court. 13-Sept-2016
What is stay order in divorce case?
A stay order is an order that temporarily stops or delays a legal proceeding. This does not mean the order is invalid. You can ask the High Court in your state to delay your divorce proceedings if you want to.
What is the Supreme Court rule on stay orders?
In March 2018, the Supreme Court ruled that a stay of proceedings in a criminal or civil trial will end after six months, unless an exception is made by an order of the court. 26-Sept-2023
my sisters husband is sell his family property ( land in acres). to another person . my sister not living with her husband in that time & at present also. my sister have a daughter so we give a stay order about that property land to decide by court . but that person continue to work in land .so please give me a suggestion
Respected
In case if it was his self acquired property, then your sister cant claim over the said property. IF it was the ancestral property then her children can claim the same only if they are the major.
In the above problem you have not mentioned that weather the property is the self acquired property or property were purchase in joint name or ancestral property.
Only in case if it was family property, or Joint ownership Property then only your sister has the right to claim. Even if she is contributed for purchase of the said property and if she is having proof to show of contribution towards the said property purchase, under such circumstanced she can approach court.
Respected
In case if it was his self acquired property, then your sister cant claim over the said property. IF it was the ancestral property then her children can claim the same only if they are the major.
In the above problem you have not mentioned that weather the property is the self acquired property or property were purchase in joint name or ancestral property.
Only in case if it was family property, or Joint ownership Property then only your sister has the right to claim. Even if she is contributed for purchase of the said property and if she is having proof to show of contribution towards the said property purchase, under such circumstanced she can approach court.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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In India, a'stay' order or temporary stoppage of any legal proceeding is defined as the act or delay of stopping or delaying any judicial proceedings through the courts or legal authorities to protect the rights of citizens. This could result in the suspension or postponement of an entire case, as well as a specific proceeding within a current case.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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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