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Author Topic: Important question regarding a "stay order".  (Read 1116 times)

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Offline creative79

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Important question regarding a "stay order".
« on: June 24, 2013, 02:03:11 AM »
Background:
Our grandfather declared his property as a trust and nominated us as trustees. However, since the property was of little benefit a trust we managed to get it under our name through a court order after our grandfather died. Taking advantage of that, a so-called relative of our grandfather also claimed a share in this property.

Now the case has been going on for ages at the lower district court. We have no problem with that because the plaintiff has little chance of winning the case. However, about 8 years ago, he managed to obtain a "stay order" on the property. The court-order says "the status quo has to be maintained in terms of construction and sale of the said property till the hearing of a certain application". For the last 8 years we are trying for the court to hear this application but to no avail, because the plaintiff keeps delaying it. Recently, he has also stolen a few old files from the court, so that is causing further delays.

Question:
I understand that as long as this stay order remains we are not allowed to construct anything on this property. However, we also live in the same property and our residence badly needs some renovation, if not reconstruction. Could you please tell us whether we can renovate our house? If yes, to what extent (for example, can we change the flooring, repair the roof and some interiors etc)? If not, is there a way to at least maintain our house as a safe habitable place?

Thank you very much

Offline creative79

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Re: Important question regarding a "stay order".
« Reply #1 on: July 02, 2013, 05:51:27 AM »
I see that almost all the posts get some replies but I am wondering why no one has proposed a solution for me yet. Is there some confusion about my confusion?

Please reply, as it would help me to decide what I should do in the coming few days.

Offline advamrita

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Re: Important question regarding a "stay order".
« Reply #2 on: July 03, 2013, 12:21:50 AM »
you may seek permission from the court to carry out any renovation which should not in any way affect the rights of the other party. court will probably give u permission to do that , you may file an application to the court before the next date of hearing

 

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