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Anuj Kathuria   17 June 2024

Transfer/gift of property during stay by court

I had purchased commerical plot ,through auction from UPFC ,in 2001 .
All the instalments were cleared ,as per schedule ,by December ,2003 .
Registered sale deed to me , was done by UPFC ,in 2009 .
I had taken bank loan in 2011 using property as collateral security .
Part sale of property was done with Bank permission in 2021 and bank loan was closed in the same year .
My sister filed civil suit u/s 39 to claim ownership of property .
Stay against transfer/sale was granted to my sister by court in the year 2023 and court proceedings are undergoing .
I had collected property release documents from the bank in the year 2023 .
I am 80 years old .
Life is uncertain .
Is there any legal process to transfer/gift property to my son/ daughter ? 
Plz advice


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     17 June 2024

First of all you get the stay order vacated  by filing a stay vacate petition and then conduct the case.

She only has filed the suit seeking some relief, if you are so much distressed then you may better talk to her for compromise settlement or you may have to wait for the disposal of the case by court. 

Dr. J C Vashista (Advocate )     18 June 2024

The facts involve multiple issues, consult your lawyer.

However, if you have lost faith in your lawyer, it is better to seek opinion and advise of some other local prudent lawyer showing all relevant records.

Anuj Kathuria   18 June 2024

#sir ,appeal / stay vacate petition has already been filed against court stay order and court proceedings are undergoing .

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