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How to Remove Stay Order on Property?

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0 2024-05-16T12:46:46+00:00
To remove a stay order on property, you typically need to file a motion with the court that issued the order, requesting its removal. Provide compelling reasons such as changed circumstances or legal errors justifying the removal. Present supporting evidence and arguments during the court hearing to convince the judge to lift the stay order. Consult with a qualified attorney familiar with property law to guide you through the legal process effectively.

Wondering how to remove stay order on property in India? If you’re dealing with a stay order on a property and want to remove it, here are the steps you can take:

  1. Consult Legal Services or a Lawyer:

    • Seek legal advice or consult a lawyer who specializes in property matters.

    • They can guide you through the process and help you understand your options.

  2. File an Application in Court:

    • Prepare an application to remove the stay order.

    • File this application in the same court that granted the stay order or consider approaching a higher court if necessary.

  3. Understand the Nature of the Stay Order:

    • Temporary Stay Order: If the stay order was granted without hearing your side, it’s likely temporary. You can challenge it in court.

    • Stay Order After Hearing Both Parties: If the matter is unresolved, you’ve been served notice. Consider challenging it in court or approaching a higher court.

  4. Act Promptly: Timely action is crucial. Delaying may result in losing possession or control over the property.

These are the basic steps on how to stop stay order.

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How can a stay order be removed?

1 2021-10-25T16:40:06+00:00

Property cases are among the highest filed cases in India. The property disputes among families, neighbours, landlords and tenants, builders and buyers, etc. are unending. The conflicts can sometimes prompt the court to put a stay order. The stay order on property can be temporary or permanent. If you are in the middle of a hassle and want to know how to remove stay order on property then you must know that you can’t do it on your own. You will have to take some measures to get rid of the stay order. Here is your guide on the same.

How to remove stay order on land?
  • If you have been served with a stay order by the court and you want to remove it then you will have to do the following:

  • Hire legal services or consult a lawyer.

  • You will have to file an application in the court to remove the stay order. The application can be filed in the same court which has granted the stay order or you will have to approach the higher court.

  • In case the stay order has been granted without hearing your side then it is likely that the order is temporary in nature

  • If the stay order has been granted after hearing both the parties then it is likely that the matter is unresolved and till it gets resolved, you have been served this notice.

  • You can challenge the stay order on property in the court or approach a higher court challenging the decision.

If you don’t act timely, you will lose your possession or control over the property.

I hope this clarifies how to remove stay order on property.

Read here: What is stay order What is the procedure to get stay order on property

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