dispute on brought property .
SUJEET
(Querist) 09 September 2015
This query is : Resolved
Sir I bought a shop with clear title and this shop is registered on my name. I did construction work on it and wanted to avail loan on this but the brother of person from whom I bought has put stay on this claiming this shop was registered on his name. Where as as per records of property it never belonged to him. Sir I wanted to start my shop as I had put my entire earnings to buy and modify it. I have to take bank loan to put items. Kindly advise what to do. As local lawyers are not specialist and asking me to wait n watch
Anirudh
(Expert) 09 September 2015
This property is situated in which locality?
SUJEET
(Querist) 09 September 2015
Baijnath market HP
Anirudh
(Expert) 09 September 2015
If you have all the papers in your favour, and if the person who has filed the suit is not the owner, then you have to move application under order 39 Rule 4 for vacation of stay.
SUJEET
(Querist) 09 September 2015
Sir I will do that can u advise good lawyer at my location to take up the case
SUJEET
(Querist) 09 September 2015
Sir the owners brother has claimed that shop was registered on his name in 1988 and mutation of same was Not done and later same property was registered on his brothers name in 1989 from whom I have purchased. The person from whom I owned shop did shop here for few years after that he rented it to electricity board for office and then he sold it to me. Even electric meter was on his name. The person who has filed case never claimed it to be his for last 25 years.
Rajendra K Goyal
(Expert) 09 September 2015
You have to try to get the stay vacated and after wait for the final verdict.
Your lawyer can inspect the court file and related documents.
Kumar Doab
(Expert) 09 September 2015
The brother has to produce the ownership document.
Consult a good local lawyer.
SUJEET
(Querist) 16 September 2015
The brother has produced a registry on his name it seems to be valid as entered in records. Now two registered owners . the brothers mutiny is not done
