gopal (Faculty) 03 August 2013

Is the registration possible

Dear Sirs,

i and my younger brother, having a peices of land, the revenu records of the land contain in both my name and my younger brother name. A few peices of land was in my possession and other few peices of land was in my youger brother possession till some moment. Later he tried to enter in my possession with the help of revenue records (becos revenue records in both of us name).

later i apraoched the Civil court prayed the Permenant Injunction against him, the civil court conducted trial , i shown my possession ,so the civil court issued permenant injunction against to my younger brother that he should not enter in my possession.

My younger brother gone for appeal, after he gone for appeal the appeal is pending,In the mean while he is trying to sale a peice of land which is in my possession. though the injunction order against him ,but he tries to sale a peice of land whihc is in my possession.

Now i am requesting you kindly guide me how to stop the registration.

is it possible to inform to the Sub-Registrar that my brother restrained by means of permenant injunction.?

if i informed to the sub-Registrar , whether he has the power to stop the registration?

If so , under which sec of the law he can stop the sale registration?

Please kindly provide the information at the earlier

thanks and regards

gopal

Reply Follow

3 Replies

HIRAL THAKKAR (ADVOCATE ) 03 August 2013

You need to enter into thorough correspondence with copy submitted to the court intimating the sub registrar of sub judice matter and injunction granted. As per section 71 of Registration act he has power to refuse registration but he he need to mention the reasons for such refusal and for this you need to intimate the Sub Regisrar as well as the Registrar of the area where the property is located.

adv.raghavan (Advocate,9444674980) 03 August 2013

have u got the summons from the court in appeal case, if yes file a I.A with the concerned court praying u r bother to maintain status quo of the property, till the disposal of appeal, and u could have got a order from the court directing the SRO to refuse registration of the particular disputed property, except court order the subregistrar, any letter to subregistar will have little importance.