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in Property Law
Asked October 08, 2017

Violation of the stay order on property

  • 1 Answer

In a legal suit involving succession rights and also as person, a will in my favor i have obtained a stay order against the other party who is in possession of the disputed property and has also been collecting rent from the same. Now a few of the tenants have vacated the place. The other party is trying to let out the spaces again. Is he within his legal rights to do so in spite of the stay order... Can the stay order be used to prevent him from renting out the premises again. Since the matter is in court regarding the validity of two wills but the possession is with one party who has been collecting rent without getting a probate on his will.

Answer 1

One cannot conclusively answer this question without the exact orders and directions provided by the court in the stay order.

Please note that under Section 52 of the Transfer of Property Act, 1882, when any immoveable property is the subject matter of a litigation, the property cannot be transferred or dealt with in a manner which negatively affects the rights of the other party, except with the permission of the Court.

Agree Comment 0 Agrees 10 months ago

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