How to get a stay order on their grandfather’s property?


According to the Hindu law, properties can be classified into two — an ancestral property and a self-acquired property.

An ancestral property is, in fact, a self-acquired and undivided property of a person’s grandfather. So, if it is ancestral property it cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if the property disposed without consent, it can be reclaimed.

But in case if the grandfather’s property is self acquired, he has the full right to give the property through any will. The heirs do not have legal authority over the father’s self-acquired property.

Regarding the stay order on the property, it is a temporary injunction on a property where the concerned property is being damaged or alienated or has been wrongfully sold in other cases where an opposite party is threatening to dispose of property or property is under dispute. It is granted by Court as per order 39 of Civil Procedure Code.

In case of the stay order on the property, proper documents of the property are needed.

Three things must be proven – If the stay order is not granted, it may cause irreparable damage to the appellant or it may make the judicial proceedings complicated.
The application has been made without undue delay.
The security has been given by the appellant for the due performance of such decree of or as may ultimately be binding upon him.

If the proofs are prima facie correct, the stay order may be granted. If the Court doesn’t grant the stay order, one can always appeal to the higher Court.

Reference: Order 39 of Civil Procedure Code



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