Stay order on property
ranjita
(Querist) 19 July 2015
This query is : Resolved
My grandmother expired 10yrs ago leaving her home and restaurant intestate. One of her sons is not allowing the legal partition among the heirs. Hence the other heirs have sued him as he has been occupying the house as well as solely enjoying the profits from the restaurant. Since our case is pending, is it possible for the other heirs to get a stay order against his working and earning profits from the restaurant till the court case gets resolved? Thank you
M/s. Y-not legal services
(Expert) 19 July 2015
surely you can get stay against him sole enjoyment.
the legal heirs are entitled to claim the means profit also from the undivided property.
already you appointed advocate and your case is pending. he will take care of your case in all aspects. be patience madam
M/s. Y-not legal services
Rajendra K Goyal
(Expert) 20 July 2015
You should have preyed the court for the same, prey now regarding this.
ranjita
(Querist) 20 July 2015
Thanks a lot for your replies :)
Biswanath Roy
(Expert) 21 July 2015
You can get injunction order against the illegal management of the Restaurant business under Order 39, Rule 1 & 2 C.P.C.and also can obtain injunction against the occupier for not to part with the possession or transfer any portion of the property to any third party by inducting tenants or otherwise in any manner.
ranjita
(Querist) 22 July 2015
Ok Sir, thank you
