Legal Question in Real Estate Law in India
what is the actual meaning for ''status-quo''?
Father gave his property to his younger son by Registered Will but the elder son challanged this Will in the court. On first hearing court give time to younger son to reply the notice given by elder son in written. The other line ''However, in the meantime the parties to suit maintain 'status-quo' regarding the ownership as well as possession qua the suit property till further order''. (A) what is the actual meaning stand for ''status-quo''.(B) Is it means for a ''stay'' in the leagal language. (C) can younger son file 'suit for declaration' to Probate the Will? (D) can younger son sell this property? (E) can younger son morgage this property to any bank to take loan?
3 Answers from Attorneys
Re: what is the actual meaning for ''status-quo''?
A. It mean to keep the status as it is.
B. Yes.
C. Yes.
D. No, in view of status quo order.
E. No, in view of status quo order.
Status quo order is applicable to all the parties to the suit.
Re: what is the actual meaning for ''status-quo''?
yes, it means a "stay". the parties are required to maintain the situation without making any changes or alienations etc.
Re: what is the actual meaning for ''status-quo''?
Yous questions are too many, I will answer them one by one.
While the 'stay' operates agaisnt the defendant, the 'statu quo' operates against the defendant as well as the plaintiff, they both are bound by the order passed. In other words, they both are restrained from doing a particular thing. Thus, you can say that 'statu quo' is more than a 'stay' order. The younger son is free to file a suit for getting the Will probated in his name. As long as the said status-quo order is operating, the younger son can nit sell the property as that would amount to changing the ownership / possession which has been restrained by said order. He can possibly mortgage the property to bank to take loan, but without giving possession to Bank, as in such case there is neither change in ownership nor change in possesion of suit property and thus the statu-quo order is not violated.