Clarification on property transfer
Rajinesh
(Querist) 12 December 2025
This query is : Resolved
Hello, dear lawyers,
Hope you are doing well.
My father is the owner of a property in haryana, and there was a civil case (declaration and injunction) filed against him. The trial court has already decided the case in my father’s favour and declared that the property belongs to him.
The plaintiffs filed an appeal, but the appeal was dismissed for default because they did not appear for the hearings. Now, they have filed an application for restoration of the appeal, but we have not received any notice or summons yet.
There is no stay on the property at any stage.
Due to health and sleep issues, my father wants to transfer the property to my mother through a gift deed.
My questions are:
1) If my father transfers the property to my mother while the restoration application is pending, will it create any negative impression?
2) Will transferring the property at this stage have any negative impact on the civil case if it gets restored in the future? Is it legally advisable to proceed with the transfer now?
Thank you.
kavksatyanarayana
(Expert) 12 December 2025
The restoration application is pending but you don't know about this officially. But you know that a case is pending, so it is not advisable to transfer the property.
Dr. J C Vashista
(Expert) 13 December 2025
No, transfer of property in the name of your mother shall have no adverse effect if appeal is restored.
Your father is absolute owner in-possession of the property he is entitled to gift it.
However, presently there is no case/appeal upon subject property.
Rajinesh
(Querist) 13 December 2025
Thank you sir for your answer.
T. Kalaiselvan, Advocate
(Expert) 13 December 2025
Your father can proceed with the proposed transfer of property in favor of your mother i the absence any restrictive orders passed by court in the appeal. In fact the appeal itself has been dismissed and it is not known whether the restoration petition has been filed or numbered or taken on its file by the court, hence as on date there is no appeal is pending, therefore let your father proceed without any more delay.
P. Venu
(Expert) 27 December 2025
In the given facts, there are no constraints in transferring the property at the owner's discretion.
