Legal Question in Construction Law in India

We have a undivided property of four (2brothers an 2 sisters). both brothers have sold the property to 2 different developers without informing sisters and giving their share. One developer is constructing on half property. We tried giving complains in BMC and they come every time to demolish but not fully. So like this he has completed three floors. What should the 2 sisters do now ? Can the sister take a stay order on the construction ? What is injunction ? How exactly a stay order is taken ? will we get the stay ? Please advice. Thx


Asked on 3/19/14, 11:38 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.03.2014

Dear Sir / Madam,

Unless the undivided property exists in all four names in the record of the Tahsildar / District Registrar, the two sisters cannot take legal action to bring about a stay order on the construction. In legal parlance, a stay order and injunction have the same meaning i.e to maintain status quo till the case is decided by the Court. As I said, only if the two sisters names exist as joint title holders of the property in the record of the Tahsildar / District Registrar, they can bring about a stay order on the construction activity.

Regards,

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Answered on 3/21/14, 9:33 am


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