Preperty rights & validity of stay order
SSV
(Querist) 29 June 2013
This query is : Resolved
Dear Sir,
We are Hindu by Cast, My Mother in Law has 5 sisters (two of them Died) & 3 Bothers (All Died)Means they are total 6 sisters & 3 brother, they have a big property house value around 3 crores of their father (earned by him) but did not create will at the time of his death, his wife & my mother in laws mother also died but stated that its property belongs to only three sons on a plain paper, now 3 brothers sons are denying to give share to 6 sisters. My query is what is the right of 6 sisters along with 3 bothers sons on the said property?
And if we try to take stay order on sell of the property by the 3 brothers sons, can we get stay order & if we can get stay order what will be the validity of stay order which will be passed by session court because somebody told us that stay order is valid only for two year after stay order passed by the court?
SSV
(Querist) 29 June 2013
Dear Sir,
Thanks for the reply, pls solve below queries also
We come to know that they are trying to sell the property without informing us,if we try to take stay order on sell of the property by the 3 brothers sons, can we get stay order & if we can get stay order what will be the validity of the stay order which will be passed by the session court because somebody told us that stay order is valid only for two year after stay order passed by the court?
Rajendra K Goyal
(Expert) 29 June 2013
The property would be having 10 shares (3 Sons+6 daughters + one widow) after the demise of the owner. The widow has expressed that property should go to three sons, if the document is proved to be valid, even than her share will go to all the remaining heirs as the property was not self acquired by her.
you should file a stay application along with the request for division of the property and get the property mutated in favor of all the legal heirs.
SSV
(Querist) 03 July 2013
Dear Sir,
What about validity of Stay Order. Advocate is asking Rs - 90000 fees for Stay order & for division of property Rs - 250000 (Incl Stamp Fee) is that compatible, Property value is around 3 crores.
Pls advice.
