My Father had filed for partition for a plot of land he owned which was undivided and is currently held in common with two others who are the major share holders. However, my father had held the plot for 20 years while the others two bought it 10 years back. The others are in possession of the entire land and keep us out by locking the gate and not sharing the key.
The Khasra Girdawari was fraudently changed to one of the owners name by collusion with revenue officials (Before that it was in my Father's name for the last 16 years) and an appeal against the order from our side is pending.
My father, however passed away and and left a will in the mother's name. I want to know the following :
1. Can we file for a stay on the property till it is partitioned ? Our share of land is not yet mutated in my mother's name.
2. Since the land belongs to a different district than our place of residence, is it possible to file for the stay in our district and on what grounds is it possible (My mother is a senior citizen, an NRI and a widow)
3. What is the fastest way to get the stay in the present circumstances and also by filing it in our disrict of residence (I fear that the other party might be trying to sell it or create other hurdles.)
Thanks to all for replying !!
- Aryan
