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A Raza
in Procedural Law Property Law Family Law
Asked June 16, 2017

Implementation of Stay Order

  • 1 Answer

Dear sir, I am from jharkhand and i need some advice from you. i have a family property which is dispute between me and my older uncle.this property purchased by my grand father. we have 4 brother and mother. my dad passed away in our childhood time. my uncle make this land paper his own name i don't know how. when we didn't sign in any paper and we didn't give any no objection paper. now we asking our right on this property. he is denying to give . and now he starting construction work on that place. so we went court and file a case against him, court make temporally stay order for some days on construction work now he again starting construction work on that place. so how can i stay order make continue or stop this construction work Till then court final decision not comes.

Answer 1

Sir, your uncle has failed to follow and comply with the decision as delivered by the court of law. Thus, this is a case of contempt of court. In such a case a proceeding maybe initiated for contempt of court as provided under Section 2(c) of the Contempt of Courts Act, 1971, which defines criminal contempt. However the limitation for contempt has been prescribed as a period of one year from the date on which the contempt is alleged, under Section 20.

Also, in order to ensure that your uncle is the true owner of the property, he must have the valid documentations such as succession certificate, affidavits, no objection certificates, certifying the same. Hence, you must stress on him to produce such documentations before the court of law, in the absence of which it cannot be rightly construed that he is the true owner of the property in question, thereby making your case stronger.

Agree Comment 0 Agrees over 3 years ago

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