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kannan (cus supp engg)     12 February 2012

Suit pending but land saled to some guy

In 1960-  My father Sold 3 Lands. While selling the lands he mention the reason for sale is to buy a new land I am selling the land  . Amount of sale is more than 6000.   This is the valuable amount on that days.

In 1962 - He buy a new land  in his name.  so now the property looks like a  self-earned property

In the year  2007 my father try to sale the land  but   I am asking the share in the land but he was not interested to give me as property.  He like to sale the land and give as money.

So I filed the suit in our sub court  in the year 2007  & my sister also asking share so she also filed a case. Case type :- the property you have  is not self-earned property  with the sale amount of ancient property you buy this land so its not your self-earned property.  

Till now the case is in a pending & currently now in Argument stage.  This month Feb 2012 my father sale the property to some guy . What to do ?  This is a garden we have Government  Free Current also.

Within two days they cut all the trees more than 750 coconut trees, bananas  so an so & they make the land for flat.   How to cancel the Registered document.  In the guide line value the land value is for Flat. So they do very fast.

we published paper add also but the party thoes who buy the property is a very rich and he have a good background in all departments.   So he never bother about the suit pending

How to block before getting aprovel for the flat  its in village panchayat 



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     12 February 2012

Add the purchaser as party to the suit.  If you have an interium order against your father as not to alienate till the suit is disposed off then file an application u/s 39 r 4 violation of injunction order.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 February 2012

Concurring with what Mr.Raju said above, file an application u/o 39 R2A for disobidience of injunction, also file an application for attachment before judgment under order 38 of the CPC.

Also remember that the person who has purchased from father - would also be bound by the result of the litigation as per the doctrine of lis pendens, i.e if you win - his title vanishes.

bhagwat patil (Property due diligence 9422773303)     12 February 2012

register lis pendece under sec 52 to apprpopiate registrar take index 2 from registrar and get entered the lis pendence on 7/12 extract or ROR.


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