Mera Pahad > Uttarakhand On-line Consultancy Centre - उत्तराखण्ड का ऑन-लाइन सहायता केंद्र

FREE CONSULTANCY ON LEGAL MATTERS BY VIVEK DHASHMANA

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Vivek Dhasmana (9871129399):
Hi Friends

Add me with you in watsapp, my number is 9871129399 and also send me your mobile number to add you in Legal Info group in watsapp for free legal consultancy.

Best Regards and love

Vivek Sharma (Dhasmana)
9871129399

एम.एस. मेहता /M S Mehta 9910532720:


Thanks Dhasmana Sab.

I have added you in whatsapp.

Vivek Dhasmana (9871129399):
Dear Sir,

We have a property purchased by my grandfather and his brother long time back in Uttrakhand district Champawat. The property has been transferred after my grandfather's death to my father. The property is in possession of my father's cousin brother for more then 50 years. There was a house build by my grandfather and his brother. Recently they have extended the same house and removed it's tiled roof and converted in concrete roof without our consent. They are not giving the possession land as well as house to us. Kindly advise

Thanks & Regards

Manoj Joshi
Mobile:9811118174

Reply

As you have right in the property being the legal heir's of your grandfather. You should go for the Suit for Partition for your right.  It would be considered your possession being a Co-owner as one co-owner enjoys possession on behalf of all other co-owner until   any co-owner is oust from the possession in real terms.

Hope you will have answer your query. Please write if you have further query in this regards
 
VIVEK SHARMA
ADVOCATE
MOBILE 9871129399

Vivek Dhasmana (9871129399):
What is Stay order?
Whenever you file a suit of Civil nature before a Court you may be in need of some urgent relief.  This urgent relief may be required to preserve the suit property or to restrain the opposite party form doing a particular act in relation to the suit property.
For example you are unlawfully dispossessed by Mr  X from your house. To recover possession,  you will have to file a suit for possession.  At the same time you come to know that  Mr.  X  is going to sell or otherwise dispose of the suit property.  In case  X  succeeds in his designs, it would lead to complex litigation.  In such a situation, while filing suit for possession and permanent injunction, you have to file an application for grant of order of injunction(stay). When the court finds that you have material grounds which on the face of it, make out a case in your favour for grant of  injunction order and against the opposite party, Court will issue order in your favour and restrain the opposite party from alienating or selling the suit property to any third party, during the pendency of the suit.  In common language, such order is called “STAY ORDER”.

Vivek Dhasmana (9871129399):
A PERSON WHO FILE A CIVIL SUIT IS CALLED PLAINTIFF
AND A PERSON WHO DEFEND THE CIVIL SUIT IS CALLED DEFENDANT

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