Stay status
Advocate Ankur
(Querist) 19 September 2018
This query is : Open
stay order:
The petitioner submits that the respondent has sold his properties and he may be restrained from selling the matrimonial house where both parties are residing. In given facts and circumstances till NDOH both parties are directed not to create third-party interest in the home.
Now after the said order many dates have passed and case has proceeded further. However, Respondent never moved for vacation of stay nor did petitioner apply for an extension.
Q)Is the stay subsisting today or it was lifted on the NDOH ?
Vijay Raj Mahajan
(Expert) 19 September 2018
How that is possible. The jointly owned property can only be sold jointly by both. Whether there is a stay on creating the third party interest in the joint property or not, the very fact the husband is not the sole owner of the property, he cannot go ahead selling the property individually.
The sub-registrar will not register the sale deed unless both the joint owners are present in person to sign in his presence on any transfer documents relating to the property.
ashok kumar singh
(Expert) 19 September 2018
agreed with views and opinion of experts therefore no comment
Advocate Ankur
(Querist) 19 September 2018
Thank you for your reply sir.
He is not selling the entire property he is just selling his half undivided share in the said property. He has also taken 'biana' (advance) from the third party. Also, he has done 'setting' with the registrar.
According to you sir is stay in existence or not ? Respondent dint move to vacate and petitioner dint extend stay. There are lots of contradictory judgments so little confused.
