My father wrote a registered will mentioning the ground floor to my brother and first floor along with stair case to myself. My brother's family is intending to put up their share of the property i.e ground floor on sale/rent to commercial establishments. My only objection is if they do give it for commercial establishments, my peace and the structure of the entire property will be disturbed. This property is located in a busy commercialized area and is about 50 years old. They are not ready to vertically divide the property into two halves as well. Can I get a stay order from court to prevent this? If yes, on what grounds can I get a stay order? What other options do i have to stop this from happening? Kindly guide me
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Yes, you can get stay order from court on below grounds:
If the property was divided floor wise and was bequeathed to both accordingly then you cannot dispute or object to the sale of property by your brother.
However though floor wise partition was mentioned in the Will, you still have rights in the land underneath the structure equally.
Therefore your brother can sell only his share in land and the ground floor structure to the prospective buyer.
Legally you cannot object to the sale nor you can get a stay order.
However if there arises a commercial establishment in the residential property, you can object it and give a complaint to the local civic body about it, if no fruitful result is seen then you can file an permanent injunction suit against the buyer.
Yes you can easily get stay in this matter in the high court on the ground if this will effect on your rights and will damaged the property or hinders your peaceful living.
Residential property cannot be used for commercial purposes
file suit seek injunction restraining brother from using residential property for commercial use or for sale , rent to commercial establishments
- As per law, said brother cannot sell outsider without getting your consent and without giving you the priority to purchase the same.
- However , he can give his portion on rent for residential purposes and not for commercial .
- Further , the permission from the competent authority like Municipal corporation is necessary before giving a residential hosue for commercial purposes.
- Hence, you can file a suit for Permanent injunction before the court for restraining him from giving that property for commercial purposes .
Yes, you may file an application at the proper court in consultation with a competent lawyer for obtaining an order of injunction restraining your brother from selling his share of the property to any third party on the grounds you have mentioned.
Hire a lawyer and approach the court with an application requesting a stay order on your property. Along with your application, attach documents such as property papers, identification proof, and FIR along with the application. Mention the reason and nature of stay you are seeking.
You amy ask him to seel the property to you first. That provision must exist in the will. Moreover, if you cannot buy the property then too you may dispute the contents of the will and challenge it so that he may agree to it. There are many ways.
Yes but you need to prove the will to be invalid
