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Author Topic: Injunction Order On a Property  (Read 632 times)

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Offline raghava777

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Injunction Order On a Property
« on: March 26, 2016, 07:42:22 AM »
My wife filed a case in the court to partition her grandfather property (Open Land) and she got injunction order to stop selling the property by her father but her father recently sold part of the land to some parties and it is registered in register office . Can he sell the property to other if there is an injunction order against that land and partition case is pending in court? Is it valid registration?
Can my wife ask court to cancel that registration?

Offline adv.amarnath

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Re: Injunction Order On a Property
« Reply #1 on: March 26, 2016, 08:11:08 AM »
When injunction order is in force in respect of the suit property then selling out of some portion will be void in the eye of law. A cancellation of such transfer can be prayed before court. Now further if he sold out his undivided share then your wife has to amend the plaint and party the purchaser in the partition case. Further another petition under Section 44 of T.P. Act should be filed for further injunction.
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Offline raghava777

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Re: Injunction Order On a Property
« Reply #2 on: March 26, 2016, 08:23:44 AM »
Thank you Amarnath for quick reply. Do we need to inform sub register office also about Injunction Order to stop further registrations?

Offline adv.amarnath

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Re: Injunction Order On a Property
« Reply #3 on: March 26, 2016, 08:31:56 AM »
registrar is not legally bound to obey judicial order. So, it will not be helpful. when a property is lis pendence and subsequently a transfer is being made, it will be deem as null and void.
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Offline raghava777

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Re: Injunction Order On a Property
« Reply #4 on: March 26, 2016, 08:38:06 AM »
Thank you sir.

Offline adv.amarnath

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Re: Injunction Order On a Property
« Reply #5 on: March 26, 2016, 08:41:14 AM »
welcome. If you need any clarification or consultation in details you can contact me.
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Amarnath Sanyal
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Mob - 09830303322

Offline adv.amarnath

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Re: Injunction Order On a Property
« Reply #6 on: March 26, 2016, 08:43:14 AM »
If you like my advice, please hit on applaud just right hand side of this post.
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Amarnath Sanyal
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Offline raghava777

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Re: Injunction Order On a Property
« Reply #7 on: March 26, 2016, 09:41:06 AM »
I have one more question sir, What if new buyer counter file that he brought the part of my father-in-law share and not my wife share and ask for not to cancel his registration. Is it valid argument in the court?

Offline adv.amarnath

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Re: Injunction Order On a Property
« Reply #8 on: March 26, 2016, 12:38:05 PM »
Without seeing the Deed of COnveyance (which your father-in-law sold to third party), I cannot say whether this type of pleading he can make or not. But as far as from my experience I can say that he has sold out undivided share of property. So there is no question of purchasing father's share or your wife's share.
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Offline raghava777

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Re: Injunction Order On a Property
« Reply #9 on: March 27, 2016, 06:00:58 AM »
Thank You

Offline adv.amarnath

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Re: Injunction Order On a Property
« Reply #10 on: March 27, 2016, 08:16:24 PM »
Welcome
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Amarnath Sanyal
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Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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