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Ashwani (S/W Engineer)     08 November 2011

Stay order on land

Hi,

I have a question regarding stay order on land.

Situation is like this.

Land was distributed b/w my Grandfather(died) and  Grandfather's brother(from 2nd wife(both alive)).But there are many parterner in this land like my Grandfather's sister and Grandfather's brother's sister.

But after my grandfather's death , my Grandfather's brother tried to block a very old path.So we(3 son's of Grandfather(died)) take the stay order from the court so that they can not block that path.

Now we(1 son out of 3 son's  of Grandfather(died)) want to construct a house on this distributed land.But we have fear that they can also take the stay order on this land.

But here situation is little different as we have constructed the base of this house 10 year ago and collected all material required to build house.

I have following questions:

  1. Can he(Grandfather's brother) take stay order on this land if yes then please suggest what are the option we have available.
  2. Is it possilbe to take stay oder for him(Grandfather's brother) as we have constructed base of this house 10 year ago.
  3. In case he(Grandfather's brother) take stay order,Can we ask the court to give us the compensation(money) since he had not take stay order 10 year back while we were constructed base of house and why now after such a long time as we have invested on so many things.

Regards,                                                                                                                                                                                                                                                           

Ashwani

 

 



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