Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Property being sold despite two injunctions

(Querist) 18 December 2013 This query is : Resolved 
Sir,
We have an ancstral property at our home town which belongs to several inheritors and I am one of them.One of my cousin started canvassing it for sale and hence his father took an Injunction against him which is in force.
Nextly One of the Inheritor also filed a Partition Suit in which also there is an Injunction on all the parties to the suit.
Despite it, the same cousin(who is habitual offender) has sold part of the same property to two different persons by executing two different Sale Agreement(Only Notarised and not registered) concealing the facts to the buyers eclaring the property as his own, but the the two buyers are just next door neighbours and know the whole truth about the status of the property.The witness to these Sale Agreements are also hand in glove, so the seller, the buyers, the witness are hand in glove and doing these acts by forgery and by deceiving the family members.
I am advised to file contempt in pending partition suit against the cousin. Another advise I am receiving is to approach the ACJM with a Petition with copies of Two Injunctions +Copies of Two Notarised Agreements and to prey for taking direct cognizance as the violation of two injunctions are evident, forgery is evident,conspiracy is evident and ask for isssue of warrent/suitable direction to Police to act in accordance of the law.Direct filing of FIR will involve harrasement, time, corrupt practice, delaying tactice by police etc.

Please advise suitable options to toide over such problem, please....
Devajyoti Barman (Expert) 19 December 2013
Yes, you are in right course of action.
Go ahead.
T. Kalaiselvan, Advocate (Expert) 19 December 2013
Filing contempt proceedings is one option and to lodge a criminal complaint with the local police for fraud, forgery, high handed criminal activity etc simultaneously is another option, consult a local lawyer and proceed accordingly.
Vidhi Joshi (Expert) 19 December 2013
agree with experts.
Gopal Jee (Querist) 19 December 2013
Dear Experts,

Thank you for the reply.Kindly clarify whether I can approach the local ACJM with the matter,with a pray to take cognizance in the case and issue summons,public show cause to all the involved parties or if satisfied with my petition annexed with ready proof of crime then to issue warrant against them.
This may save me from going to police which is always a costly affair.
Devajyoti Barman (Expert) 19 December 2013
It is basically a civil dispute. you can go to criminal court but the court is unlikely to be harsh against your cousin.
V R SHROFF (Expert) 19 December 2013
This deal is subject to final outcome of civil suit, and will be binding on purchasers. As sale deed not regd, the purchaser do not get right in rem.
Thyagarajan (Expert) 19 December 2013
I agree with Expert Mr. Shroff. Purchasers will be in trouble buying with out clear title over the property.
malipeddi jaggarao (Expert) 20 December 2013
I also agree with epxpert Mr.Shroff.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :