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Author Topic: Brought Injunction Order Land  (Read 571 times)

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Offline Nani

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Brought Injunction Order Land
« on: March 31, 2016, 07:00:13 AM »
Recently I brought a part of land from one person but yesterday I got a legal notice from his daughter  that this proper is her ancestors property and her father doesnít have right to sell alone and a partition case is pending in district court and she got an  injunction order also. Her lawyer mentioned that my registration is not valid and itís a shaggy document, I cannot get any rights on that property. What will happen to my registration?  Is it valid registration can I get full rights on that land if not how can I get my money back and registration chargers.

Offline Nani

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Re: Brought Injunction Order Land
« Reply #1 on: April 01, 2016, 09:21:17 AM »
Any advise from expert lawyers?

Offline adv.amarnath

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Re: Brought Injunction Order Land
« Reply #2 on: April 01, 2016, 06:07:21 PM »
If the property your have purchased is lispendence and injunction order is on force particularly in respect of selling, transferring and alienating then you purchase can be void. On the contrary your sell is valid. It is very necessary to go through the injunction order is in force.
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Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Nani

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Re: Brought Injunction Order Land
« Reply #3 on: April 01, 2016, 10:01:58 PM »
Thank you for reply. Lawyer mentioned below lines in his notice.

The Honíble Court on 15-10-2015 pleased to order urgent notice to the respondents and in the meanwhile that the respondents shall not alienate or any way encumber the schedule property till further orders.

 

Offline rajgopal sripathi

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Re: Brought Injunction Order Land
« Reply #4 on: April 02, 2016, 01:25:47 AM »
Hi
if you have purchased the property in good faith anytime after 15-10-2015(Date of Injunction order), then it is the duty of the person who sold the property to you, to indemnify you on all accounts. it is better for you to get impleaded in the suit and defend your ownership and title. The costs incurred by you in defending your ownership should be borne by your seller (father of the girl). Issue notices to your seller and also get yourself impleaded in the partition suit.

If you have purchased the property in good faith and with no knowledge of the pending suit, courts will always listen to you and grant you favorable orders as you have acted in good  faith and conscience.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline Nani

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Re: Brought Injunction Order Land
« Reply #5 on: April 02, 2016, 04:02:36 AM »
Thank you very much

Offline adv.amarnath

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Re: Brought Injunction Order Land
« Reply #6 on: April 02, 2016, 09:09:29 AM »
As per transfer of property act it is the duty of the purchaser to make proper searching and investigation on respect of purchasing property which we call ON ENCUMBRANCE CERTIFICATE. So, in your situation good faith is no at all a good ground of defence.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Nani

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Re: Brought Injunction Order Land
« Reply #7 on: April 03, 2016, 05:08:58 AM »
How do i get my money or land back from seller. Can i file a suit against him to recover my money. Please advise

Offline adv.amarnath

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Re: Brought Injunction Order Land
« Reply #8 on: April 04, 2016, 09:59:02 AM »
You can file a suit.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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