Alienation of property while litigation
Querist :
Anonymous
(Querist) 01 February 2024
This query is : Resolved
There are 3 sisters and a brother , His father dies in estate leaving back many properties . One of the sister files a suit claiming share , and the case runs for 15 years and she gets her share , there is amicable partition between sisters and brother . Now the sister sells a part of her share , now the daughter of the brother files a suit saying she doesnt know abt the partition and should be made as co-parcener , the trial court dismisses under order7,rule 11 , appeal is allowed under it should be decided in merits , SLP is filed and disposed in the terms it should be made in merit grounds . THERE is no stay order on properties , now the sister has to sell some more part since she recieved money . Now my idea is , Can we file a writ petition in suit against the sub registor saying theyre not allowing for registration and the court will conduct trial , and then we can make avertments saying even when the daughter wins she gets a 1/6 of share in that particular property , so we are leaving that and selling only my share , and which i got from partition . Will this work , the daughters share is remaing even after alienation of some part
kavksatyanarayana
(Expert) 01 February 2024
What about mother, is she alive? When a case is pending in court the Sub Registrar cannot admit the document but if you have any other ground you can file a case against him.
Querist :
Anonymous
(Querist) 01 February 2024
The mother’s property was given to the sisters after the courts decree , mother is alive and she is also in the partition deed after court ruling
kavksatyanarayana
(Expert) 01 February 2024
If the court decreed, then get the partition deed registered by enclosing the court decree.
T. Kalaiselvan, Advocate
(Expert) 09 February 2024
Once the partition deed based on the judgment passed in the partition suit is registered then the registrar has no reason to reject the registration of the share of property of the sister who is intending to sell her share, if the sub registrar is not cooperating then a complaint can be made before the district registrar or a writ can be filed before high court seeking remedy
Querist :
Anonymous
(Querist) 09 February 2024
Kalaiselvan sir , yes sir , we had the same idea sir , but due to the loopholes in the judiciary system , it’s borne to time pendency , and we have brought the sister’s share before daughter’s orginal suit , now were also waiting for 3 years , we made a mistake where trial should happened but we went for order7rule11 , high court and supreme court ruled out to decide on trial itself
