Yes (None) 07 March 2012

Obtain stay order

Since I married to a someone against my father's interest, he gave all properties to his brother. All those properties are inherited properties, NOT EARNED by my father.

They know that thsi is illegal, but they want to enjoy the proerty as long as they can.

What are my options now? Can I get a stay order for those proerties?

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12 Replies

Arvind Singh Chauhan (advocate) 07 March 2012

You can seek partittion.

kvss.prabhakar rao (Advocate ) 07 March 2012

First you should know the the nature of property which in your father hand. then the answer will come. Any how consult advocat nearere to you and file suit for partition.

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Yes (None) 07 March 2012

Thanks. Can you please explain, how does it depend on the nature of the property.

Shantilal Pandya ( Advocate) 07 March 2012

You have the cause of action only, if the propery is inherited by your father from your paternal ancestor but nopt otherwise

Ravi chaturvedi (Partner) 07 March 2012

It is proper case to file partition suit. Collect the documents showing the property inherited. You are right you can not claim for self acquired property.

Shantilal Pandya ( Advocate) 07 March 2012

Originally posted by :Shantilal Pandya
"	You have the cause of action only, if the propery is inherited by your father from your paternal ancestor but not otherwise	"

Shantilal Pandya ( Advocate) 07 March 2012

Originally posted by :Shantilal Pandya
"	You have the cause of action only, if the propery is inherited by your father from your paternal ancestor but not otherwise	"

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 07 March 2012

concurring with what has been said above - if the property has been inherited from paternal ancestors - (your father's father's side of the family in simple words) then you have a birth right in the same, equal to your father. You can file a suit for declaration to get the transaction insofar as it concerns your share as void and inoperative, ask for partition.

Yes (None) 07 March 2012

Thanks everyone. Can I get stay order, so they cannot enjoy the property until the court rules? Some of them are agri lands.

Dr J C Vashista (Advocate) 11 March 2012

Action of your father is legally correct for his share ONLY, you can seek your share for that he (your father) has NO right to transfer,alieniate and/or create any third party interest in any paternal inherited immovable property.