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(Guest)

Property registered while partition suit is pending.

Hi 

Could some one guide with cancelation of sale deed and gift deed done while the case is pending in court also an injection order is there.

I'm planning to file a criminal case also. 

Kindly advise 🙏 



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 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     09 December 2020

Hello,

During pendency of suit and subsistance of interim order any transaction made is void. You have to take legal action against the opposite party. It is contempt of court.


(Guest)

Thanks shirish , Can we inform Honourable Judge and submit the sale deed documents at next hearing date. Also how can we proceed with contempt of court.

G.L.N. Prasad (Retired employee.)     09 December 2020

I am afraid that final enforceability if any subject to judgment.  (Just find out from your advocate).  This practice of selling away property is very common and the court vacates the stay simply stating that any alienation subject to judgment and IA has also validity period.  Yes.  This violation can be brought to the attention of Hon'ble judge..  Setting aside or cancellation may be done through separate prayers through amendment, if permitted.

P. Venu (Advocate)     09 December 2020

What are the facts? What is the context? Why injunction in a partition suit?

Dr J C Vashista (Advocate)     10 December 2020

@"WeddingGift498A"

Is it your real name ?

What is the wedding gift ? Who is donor ? 

What is subject property you intend to seek partition ?

Did you seek opinion and advise of the lawyer you have stated to have engaged /paid, well aware about facts and circumstances of the case and an able, competent and intelligent enough to satisfy your query?


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