Venkateshwararao K
Asked December 30, 2016

Stay order on Sale of Property

  • 3 Answers
  • 1352 Views

I had purchased an agricultural land and registered in my name and got mutation transferred. Now relative of the seller got court stay order saying he has some rights on Land and the seller sold without his knowledge. Today I got notice from Court? Shall I take it. What's my next step? Please do the needful Regards Venkateshwararao Cell:7708381122

Answers 3

Mr.  Venkateshwara,

Accept notice,  and further check whether seller had published noc I  one local and one English newspaper.  If it was published then the relative of seller's plaint is not maintainable in court. 

​Regards, 

​AdvAdv jaya

Agree Comment 0 Agrees over 3 years ago

It is always advisable to accept notice served on you by court. You have put your version in the court after going through the version of the other side i.e. relatives who have filed the case and obtain stay order. You must contact local Legal Advisor to help you in the matter to safe guard your interest.

Regards,

Adv. Mamta Dave 

Agree Comment 0 Agrees over 3 years ago

 

Dear Sir/Madam,

There is no harm in accepting the notice from the court. You anyways have to get involved in the matter for your own benefit, because if the relative of the seller affirms in court that the title is defective thereby, getting a stay order from the court. In such a situation receiving the court’s notice and appearing before the court would do no harm and in turn help you. Also, while appearing before the court, a reply to the averments made by the relative needs to be submitted alongwith all the supporting documents in relation to the agricultural land you purchased. The said documents will consist of your sale deed + mutation certificate + etc. This reply will assert your true claim over the Clear title that you possess.

An application for the vacation of stay can also be presented. If not from the same court then from the Hon’ble High Court – as  per the mandate of article 226(3) of the Constitution of India[1]. It seeks to give an opportunity to the party – of being heard as a part of fair trial and also allow him/her to make an application for vacation of the said order.

Incase you are facing any difficulty pursuing the above advice or want any help in filing the case. Please follow the link below

https://lawfarm.in/legal_cases/new

 

[1] (3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and (b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated.

 

Agree Comment 0 Agrees over 3 years ago

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