Suit property under injunction is being sold - pls advise

This query is : Resolved 
 

(Querist)
23 October 2019

Hi order not to disturb his peaceful possession of the land. Now he is trying to sell the land by entering into sale agreement with local realtor and trying to sell plots by laying venture in this land without letting us know. Also they are selling plots on paper secretly without erecting any stones in the land. My lawyer says we cannot complain against him until he sells land and registers it on a third party name against the court order we got not to sell the land. Kindly let me know your thoughts on what course of action can we take to stop him from seller land and remove him from possession if land.

Thanking you for your time and advise.

Raghav,
9177766336


Vishnu (Querist)
23 October 2019

Hi,
Me and cousin have a property litigation over 4 acres of land. I got land from my grandfather through gift deed. He claims he got it through virasat from my grandfather.We filed civil suits and I got injunction order to not to sell property till further orders. He got not to disturb his peaceful possession till further orders against me. Right now he is having a ROR in his name and he is in possession and trying to sell the land secretly without leaving any evidence. Only evidence I got is their venture layout copy. My lawyer says we can do something only if he sells land by registering it against court order. What course of action so I have to stop him from selling before case of final.

Regards,
Raghav

krishna mohan (Expert)
23 October 2019

If Court has issued injunction order to maintain statusquo and you are in possession of lay out copy you can approach the court through your lawyer to restrain the party from any attempt to sale. If after sale you are approaching court, court may find fault with you. You can take legal opinioin from any other lawyer specialized on property matters to have right advise after perusal of all documents like your title, court injunction order and lay out copy etc., You can put a board on the disputed party that this property is under dispute and not for sale and mention the case no. and jurisdictional court. That will deter any outsider to venture to buy and taking unnecessary risks.

Vishnu (Querist)
23 October 2019

Thank you very much sir for your valuable suggestions.

N.J.S.Rajkumar alias narasimha (Expert)
23 October 2019

Let your Advocate inform this to the Court in detail with evidence and Proof filing an urgent Petition and your Advocate could also make an News Paper advt regard to this.

N.J.S.Rajkumar alias narasimha (Expert)
23 October 2019

Normally such transactions while a Suit is pending will not affect the orders of judgement

N.J.S.Rajkumar alias narasimha (Expert)
23 October 2019

Refer --- Lis Pendens

Dr J C Vashista (Expert)
24 October 2019

Your lawyer is the best person to advise and proceed since s/he is well aware about the facts and circumstances of the case
You should have faith in your counsel who is an able, competent and intelligent to take appropriate. action

Dr J C Vashista (Expert)
25 October 2019

Consult a local prudent lawyer with full facts/documents for better appreciation, guidance and proceeding, if you feel so.



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