The following is a brief introduction to the topic

Status quo is a Latin expression that refers to the current situation. This Latin phrase relates to social, political, and religious issues. In sociology, the status quo is the existing social structure or value. The status quo refers to current affairs concerning a possible policy change. This article will discuss the status quo of legal matters, particularly in property law.

What is the Status quo in law?

The phrase “status quo” in law describes the current situation. A judge can issue a status-quo order to prevent any party from acting while the dispute is adjudicated. To protect a party’s position while waiting for a settlement, a status quo order seeks to avoid harm or maintain its current status.

Status Quo in Family Law

In the context of family laws, a status quo order can be issued to prevent one parent from taking their child out of the home or neighborhood without the other parent’s consent. The other parent can request a status quo. These orders are meant to protect the child during disputes over custody until both parties reach an agreement on a parenting plan or the court receives enough information to decide on an interim charge.

Status Quo in Labor Law

According to labor law, an employee cannot be fired or discriminated against due to a status-quo order issued after filing a complaint. The order can force the employer to stop negotiations, and prohibit the business from changing the employee’s pay, working hours, or conditions.

Status Quo in Property Law

Status quo is a term used in Property Law to refer to maintaining the current status or condition of a thing/property. If a property lawsuit has led to an order maintaining the status quo, you cannot sell, sublet or lease the property. The property must be in the same state as when the order was issued.

When a court orders a “status quo” for a property, possession, and title are included in the definition. If a lawsuit has been filed and a status quo has been ordered, then the person who holds the possession or title of the property must hold on to it until the lawsuit is settled. The status quo prevents any transfer of property interests under the Transfer of Property Act. This includes leasing, mortgaging, and gifting.

Only a court order can prevent the transfer of title or interest to a third party. The party in possession will have the right to use the property however they want. They may continue to use the property or conduct business as usual. Status quo does not constitute a stay of proceedings, so profits from the property are not required to cease.

Lis Pendence is the doctrine envisioned in Section 52 of the Transfer of Property Act. It will, however, automatically govern any actions related to the sale, purchase, or transfer of title if there is an ongoing lawsuit against the property. The status quo doesn’t affect the rights of property owners; it only suspends the property transfer while the case is in court. The property owner can continue to enjoy it, and they may sue if there is any interference.

The conclusion of the article is

If a court orders the status quo to be maintained concerning the property in dispute, the analysis above shows that the order should only be for the title and possession. Nothing else should be done.

Stay orders are only directed at one person. A person is restricted from alienating the property or developing any third-party interests. You should contact a local property lawyer if you are involved in any status quo disputes. For example, if you live in Kolkata, contact a lawyer to help with your property dispute.

FAQs

What is the status quo of a court case?

“Status quo” is a phrase that describes current events. A judge can issue a status-quo order to prevent parties from taking action while adjudicating the dispute.

What is an excellent example of the status quo?

The concept of “adverse ownership” is an example of the status quo of property law. Adverse possession is the legal principle allowing someone to gain legal ownership if they have occupied another’s property and held it open for a certain period.

What is an example of the law of a status quo?

You are prohibited from selling, subletting, leasing, or dealing with the property in any other way if a lawsuit involving the property results in an order maintaining the status quo. The property must be in the same state as when the order was made.

What is the difference between status quo versus stay order?

The status quo only preserves the title and possession. By contrast, stay orders are used by the court to direct the individual to perform an act or refrain from doing so.