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Kamal Sharma (Manager)     08 April 2017

Daughter's share case - stay inquiry

Respected lawyers,

My wife filed a case for her share in the Parental Property and lost it in Sub-Divisional and Session Court. Now she filed the Case and Application for Stay in High Court. But, the hearing on that application is on a later date than the stay period.

So, the case was disposed off on 8th February, 2017 and stay is valid till 8 May, 2017. She filed the Case in High court on 20 March, 2017 our advocate was not able to present on the first date i.e. 27 March, 2017 due to family issues. And now the date of hearing is on 18 July, 2017 which is way beyond the date when the stay ends which is 8 May 2017.

We fear that the defendants might sell the land as soon as the stay is vacated because they have transferred the property to their sons even after we served them the notice about the share in parental property in the past. So, my questions are following:

  1. Can the other party (defendants) sell the property freely after the stay ends on 8th May 2017 even though the case is filed in High Court?
  2. What can we do to stop this unfortunate event to happen if it may occur? What is the process?
  3. Is there any piece of advice you can give regarding this?

Thanks in Advance.

Thank You,
​Kamal

 



Learning

 1 Replies

Asgher Mahdi (Advocate & Legal Advisor)     09 April 2017

Defendant cannot alliniate the property during the pendency of a case before the court. It is surprise to know that most the query member having already engaged cousnel/lawyer then seek legal opinion which is not fair. Since, you have engaged a lawyer the same query can be asked with appointed lawyer. This forum, is to explore the knowledge and helpful to those who are incapable of getting a lawyer will seek their legal opinion.


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