As per the Indian legal system, stay order means to temporarily stop a judicial proceeding by the court’s order. A stay order means the action against which the stay order has been issued, will not be operative for a specific period of time. It is issued to safeguard the rights of one party from the party against whom a stay order has been issued by the court if found necessary. But
how much time it takes to get stay order from court?
Well, to attain a stay order, it has to be established prima facie by the applicant that the order is urgently required as the circumstances mentioned by the applicant are possible while the case is pending in the court. It also has to be proved that the proceedings can be complicated further if not stayed while the matter is subjudice.
You need to approach the court with all the documents of the property along with a copy of FIR and an ID proof to attain a stay order.
If the court is satisfied prima facie, the stay order can be issued immediately. Sometimes, it can take from 7 to 21 days. It all depends, how strongly you present your case. In any case, a stay order cannot be granted for more than 6 months.
I hope now you know
how much time it takes to get stay order from court.
Read here: What is stay order in court What is the procedure to get stay order on property How to remove stay order on propertyYour Feedback Matters! How was this Answer?
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I understand that obtaining a stay order from the court can be a crucial aspect of real estate transactions and disputes. The stay order is a temporary injunction that prohibits a party from taking a specific action until the matter is resolved.The party must pay stay order fees for the same.
Get help from expert lawyers from NoBroker to verify if a property has land stay orders. Check out CIBIL score to ensure your home loan eligibility How many days to get stay order from court?
The time frame for obtaining a stay order from a court in India depends on several factors such as the jurisdiction of the court, the nature and complexity of the case, and the workload of the court. On average, it may take anywhere from 2 weeks to several months to obtain a stay order from the court.
How to get stay order from court?
To obtain a stay order, the following steps need to be taken:
File a petition in the relevant court seeking a stay order. The petition should clearly state the reasons for seeking a stay order and the relief sought.
Pay the prescribed court fees. The fees for obtaining a stay order vary depending on the type of case and the court in which it is filed.
Serve the petition and supporting documents on the opposite party. This is typically done by the court's process server.
Attend the hearing of the petition. This is the stage where the court hears the arguments of both parties and decides whether to grant a stay order or not.
If the stay order is granted, it will be issued by the court and served on the opposite party.
If the stay order is not granted, the petitioner can appeal the decision to a higher court.
To know the exact stay order fees which need to be paid, contact a lawyer. They will help you through the process.
Read more:
How to remove the stay order on the property?
How to get an Emergency Stay Order?
How to Put Stay Order on Property?
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How much time it takes to get stay order from court?
Ritika
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2021-10-28T13:45:34+00:00 2021-10-29T10:33:48+00:00Comment
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