Legal Question in Real Estate Law in India
Actually, I have an ancestral property which in ancestral dispute, lower court has given order for auction of property on the ground that since division of property is not possible because land is not square & beneficiaries are 4 parties including me.
Since, I have been staying in the said property since my birth, can we file stay against auction on the grounds - "I do not have any other place of residence, hence 1/4 part should be excluded from auction ?
What is the possibility of consideration of my plea (appeal) in High Court ?
If our appeal in above said grounds are accepted, then what approx. time period it will take place in getting the judgement ?
2 Answers from Attorneys
Again the court has to see while allowing the appeal that whether the property could be auctioned in case 1/4 share is excluded from it. You will probably get the stay, but decision of the case will depend on above factor.
09555462995
14.10.2013
Dear Sir / Madam,
You should plead before the Judge accordingly and request that the auction be deferred by the Court.
Regards,
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