Claim of ownership
2 years ago
When we are in joint family, my grandfather brought some properties in the name of his all sons periodically. After seperating from the joint family without any aid, my father started to live in one of the house which is brought in his name while in joint family.Noteable point is that all the other sons has one house in their name at this time.Among them only one married son living with my grandfather at the time when my father was seperating from the family.Later he too seperated from the parents within a year. After 6 years of staying we demolished the old house as it was dripping a lot and not in any condition to survive in the rainy season and built a new house in the same place. After 5 years of building a new home, my grandfather died without a will. After 1 year that is now one of my uncle is saying he will bring stay order to this house. As we came bare handed from the joint family. We don't have any other house to live and we spent our hard earned money to build the house . If my uncle bring the stay order? Do we need to vacate the place or can we defend ourselves.Did we do wrong by constructing new house in this place? Can we stay in this home. If he brings stay order. That uncle too have house which was brought at the time he was in joint family. But he abandoned it and living in rent house. Now he is saying he will bring stay order? What can we do now. (We are paying tax regularly for this house)
As per Section 39 of Civil Procedure Code stay order can only be granted if the property is alienated or damaged or wrongfully sold or sold when it is under dispute. In this case, the property your father owned is given to him by his grandfather when he is alive so any of the ground of taking stay order does not suffice. But in case your uncle gets a stay order, you can hire a lawyer and file suit under order 43 rule 1 of CPC in High Court for stoping execution of stay order.
Thank You.
Vaidehi Samant
Responded 2 years ago
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Dear Sir,
You may file partition suit and claim for vacating the house.
I could have explained more if background is known to me.
Please give me FIVE STAR if satisfied by my answers .