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Kamal Sharma (Manager)     08 April 2017

Daughter's share dispute

Respected lawyers,

My wife filed a case for her share in the Parental Property and lost it in Sub-Divisional and Session Court. Now she filed the Case and Application for Stay in High Court. But, the hearing on that application is on a later date than the stay period.

So, the case was disposed off on 8th February, 2017 and stay is valid till 8 May, 2017. She filed the Case in High court on 20 March, 2017 our advocate was not able to present on the first date i.e. 27 March, 2017 due to family issues. And now the date of hearing is on 18 July, 2017 which is way beyond the date when the stay ends which is 8 May 2017.

We fear that the defendants might sell the land as soon as the stay is vacated because they have transferred the property to their sons even after we served them the notice about the share in parental property in the past. So, my questions are following:

  1. Can the other party (defendants) sell the property freely after the stay ends on 8th May 2017 even though the case is filed in High Court?
  2. What can we do to stop this unfortunate event to happen if it may occur? What is the process?
  3. Is there any piece of advice you can give regarding this?

Thanks in Advance.

Thank You,
​Kamal

 



Learning

 5 Replies

shrenik (lawyer)     08 April 2017

Give the court papers to the talati or mamlatdar where the property is situated So that they know that litigation is going on

meera (Advocate)     09 April 2017

When there stay, if stay vacated, the suit still pending until ,section 52 of transfer property act suit or proceedings which is not collusive and which any right to immovable property is directly &specifically in?, the property can't be transfered/0dealt with any party to suit or proceeding so as to affect the rights of any other party

meera (Advocate)     09 April 2017

When there stay, if stay vacated, the suit still pending until ,section 52 of transfer property act suit or proceedings which is not collusive and which any right to immovable property is directly &specifically in?, the property can't be transfered/0dealt with any party to suit or proceeding so as to affect the rights of any other party

meera (Advocate)     09 April 2017

When there stay, if stay vacated, the suit still pending until ,section 52 of transfer property act suit or proceedings which is not collusive and which any right to immovable property is directly &specifically in?, the property can't be transfered/0dealt with any party to suit or proceeding so as to affect the rights of any other party

meera (Advocate)     09 April 2017

When there stay, if stay vacated, the suit still pending until ,section 52 of transfer property act suit or proceedings which is not collusive and which any right to immovable property is directly &specifically in?, the property can't be transfered/0dealt with any party to suit or proceeding so as to affect the rights of any other party

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