Mr. Fahad 15 July 2019

Civil Partition Suit

Hi Everybody, My partition case instituted in civil court and defendants avoiding to take summons except construction builder and while the case is before the court construction builder started selling flats to purchaser now what should be our next step advise?

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6 Replies

Mr. Fahad 15 July 2019

I have already send legal notice to concern SRO stating case is before the Hon'ble court not to register any document even though he registered sale deed..

G.L.N. Prasad (Retired employee.) 15 July 2019

A Registrar is not bound to act a notice sent by legal notice of advocate and he can take action only on orders of a court.

Mr. Fahad 15 July 2019

Sec 52 transfer of property act says matter pendancy before a competent court then that property should not be transferred... Doctrine of Liss pendens. Kindly advise for my next step?

Mr. Fahad 16 July 2019

Could someone please respond to my query and advise me what should be my next step..

G.L.N. Prasad (Retired employee.) 16 July 2019

When you are aware of the Transfer of Property Act and quoting sections with authenticity, members ares not coming forward to give guidance. Except seeking orders through an injunction from competent Court, there is no other way to restrain the builder.