injunction against a registered deed
anupam sharma
(Querist) 19 April 2010
This query is : Resolved
a father transferred his property in punjab to son vide aregistered document,but now he is apprehensive that the sonm would sell it...he wishes to get an injunction against sale of property by son till he is alive??? can it be done??? any other remedy for the father is available???
R.R. KRISHNAA
(Expert) 19 April 2010
Once a sale has been effected and confirmed by registration the sale cannot be set aside except on the ground that the father is able to prove that the sale is made by fraud or misrepresentation before the court.
Or if there be any clause in the sale deed that the son should not sell the property during his father's lifetime then the father has a chance to get an order of injunction otherwise not.
A V Vishal
(Expert) 19 April 2010
Under no circumstances the father can stop his son from alienation of the property.