Interpret a stay order Interpret a stay order

5 years ago

I am into a civil suit regarding a property in malerkotla, Punjab. My opponents got a stay relief with the wording "defendants are hereby restrained from alienating any specific portion or more than their share out of the suit property"

Shreyash Mohta

Responded 5 years ago

A.Sir as per the wordings of the stay
it restricts you from selling any portion of the said property which does not belong to you specifically. However it does not bar you from selling your portion of the property and your share. You cannot transfer/sell/alienate any part of the property which is mentioned in the schedule of the plaint. Other than that, you can sell off the property as far as your extent goes.
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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
It is only a conditional stay order restraining you from selling or otherwise transferring the property in respect of specific portion as per schedule of the plaint. You are free to sell property to the extent of your share and not more than that.

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