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jayantha   07 November 2020

not to alienate

court has given stay not to alienate the schedule property against defendant
But stay has not extended
Can I alienate my property now?
leasing my property becomes alienation?


 9 Replies

P. Venu (Advocate)     07 November 2020

Is it a stay or a temporary injunction?

Moreover, in a subjudice matter, it is always the best option to seek the advice of your advocate.

G.L.N. Prasad (Retired employee.)     07 November 2020

Always trust your advocate, who is aware of your chances to win the case as facts/law matter most.  Though it can be alienated, it is subject to final verdict of the Court.  However stating facts while giving for lease or for alienation is a better option, as the seller should inform facts to save himself from allegations of fraud.  Most of the unscrupulous buyers hunt for these kinds of sales agreeing to fight in courts having confidence in their influence.

jayantha   07 November 2020

it's a temporary injunction

Sridaran Ganapathysubramanian   07 November 2020

It is a Temprorary injunction.As per supreme court judgement temprorary injunction valid for six months only from the date of order.If the order passes prior to six months then temprorary order become infractious.

jayantha   07 November 2020

thank u sir

Dr J C Vashista (Lawyer)     08 November 2020

Originally posted by : jayantha
court has given stay not to alienate the schedule property against defendantBut stay has not extendedCan I alienate my property now?leasing my property becomes alienation?

What is the subject of suit ?

The defendant is liable to be prosecuted under order XXXIX Rule 2A CPC if he is alienating the property where the Court has directed an injunction restraining defendant.

Doctrine of lis pendence is applicable.

jayantha   08 November 2020

sir I am defenddent,
court has given temporary injunction not to alienate until next date ,it's has extended up to 2015,from 2015 order not extended,
Now shall I alienate my property?
leasing my property becomes alienation?

Dr J C Vashista (Lawyer)     08 November 2020

Either get the injunction vacated or seek permission of the Court through your counsel.

Leasing is alieniation.

jaya pradha (Standing Counsel for Adoption matters WD & CW State of Telengana)     09 November 2020

basic question is how did you acquire the property? whether you have any alienable interest? what is your motive behind your intention to sell. Rely on your counsel suggestion as counsel know about all the facts and circumstances. your step should not land you in trouble

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