Legal Question in Real Estate Law in India

the wife in question is 51% shareholder of property and the husband is 50% share holder.

husband is a retired teacher wants to sell the property or wants to claim his share in terms of money. wife does not want to sell the property nor is she capable of providing the funds as requested by the husband.

can she ask for a stay order on the selling of the property?

what all does she need to do for acquiring the stay order ?

Is the wife liable to pay the amount to husband?

i need some expert advice over this case.

Please let me know if more details are required.


Asked on 1/13/11, 6:56 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

51+50 = 101??

If property is not a house, then no restriction on sale of share.

In case of house property, one can sale without right of purchaser to occupy/possess or claim partition of property.

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Answered on 6/02/11, 10:54 pm


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