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krunal (owner)     07 July 2014

Stay order personal property

hello sir,

grandfather  had purchase a property in 1972 a 12 guntha NA  plot form periovous owner .then it was registred to my name after his death by warasdar left after him .i had done notary and registred trasffer deed to my name .i had started a construction on that land after getting a  permisiion form municipal coopertaion.someone applied a stay order on my property lisitng he had a kul on my property. i had found tht the kul name aprared one on pik pani on 1952 and it was removed after one yaar .i found on farfar mutaton that his name has deleted by some court tenancy act order form court in 1957 . after that 1961 the land was sucefully NA and layout of done by collecter and sold to pervious owner from which we had purchased

1)Can  applicant file or can get stay order form court callngling the mutation and kul name appered once in year 1952  after that it was removed .

2)can he callange the mutation entry ?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     07 July 2014

If what you say is to be taken as fact, with the said evidences in your possession, you can challenge his case properly. His case may not sustain.  Take the help of a prudent lawyer and contest the case.  In the absence of any stay order, you can even proceed with the  proposed construction of the building.

Advocate Ravinder (Advocate/Attorney)     07 July 2014

1)Can  applicant file or can get stay order form court callngling the mutation and kul name appered once in year 1952  after that it was removed .

--He will not get stay. You have to explain the court that the kul name was removed after a year. Later it was mutated in favour of your predecessors.

 

2)can he callange the mutation entry ?

--No he cannot change the mutation entry.

 

Note—You file a fresh petition before the same court for injunction restraining the person (who file stay petition) from interfering into your possession and also seek police protection.  By the help of above orders, you can proceed with your construction.


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