1. you should make some inquire about nature or transaction.

2. if it was sale or gift then you cannot claim.

3. otherwise you can claim your right because you are the only person to whom property will devolve.

1. if registration was a camouflage act then you should file case for cancellation of that registered deed.

1) your adopted father was at liberty to gift/ sell porition of his property to his sister daughter

2) you dont have complete rights of your adopted father property

3) it is not necessary that witnesses for gift deed/ sale deed should be relatives or villagers

4) if court had directed maintenance of staus quo then father could not have sold or gifted portion to his siter daughter

you are at liberty to file suit to set aside sale deed if has been executed in violation of court orders

1. Since there was a restrain order passed by the Court in dealing with the said portion of your adoptive father's properties, transfer of its title to his sister's daughter before disposal of the said case without vacating the said restrain order, was void at law hence illegal.

2. What is the final result of the said case which ran between your adoptive father and you?

3. However, you can claim your right, title and interest on the said property of your adoptive father also title of which was illegally conveyed to his sister;s daughter.

1) sale deed could not have been executed in contravention of court orders

2) file suit to set aside sale deed

1. Challenge the case filed by her stating that the said registration is void at law because of the said restrain order passed by the Court against the case filed by you against your adopting father.

2. She does not have any right on the said property since the deed registered for transferring the title of the said part of the land was void at law.

Hi

1) Since you had filed a case in 2008 against your father and the court has issued an injunction order restraining your father from alienating the suit schedule property the sale deed executed by your father in favour of your adopted father's sister's daughter, it is a classic case of LIS PENDENS which attracts section 52 of Transfer of property act and hence the lady legally does not have any right and she is bound by the judgment of your case.

2) In your case, though your adopted father passed away, NOT sure what happened to your case at Senior civil court. Is it pending or is the decree passed by the court.

Any which way, without referring to the outcome of your case at senior civil suit, your query is legally called "Lis Pendens" in legal parlance.

3) The meaning of lis pendens is - ‘a pending legal action’, wherein Lis means the ‘suit’ and Pendens means ‘continuing or pending’. Literally it means that during litigation nothing should be changed.

4) The principle embodying the said doctrine is that the subject matter of a suit should not be transferred to a third party during the pendency of the suit.

5) In case of transfer of such immovable property, the transferee becomes bound by the result of the suit.

6) The doctrine of Lis Pendens essentially aims at

(i) avoiding endless litigation,

(ii) protecting either party to the litigation against the act of the other,

(iii) avoiding abuse of legal process.

APPLICATION OF SECTION 52 OF TRANSFER OF PROPERTY ACT – CONDITIONS TO BE SATISFIED

The Supreme Court in a three Judge Bench in Dev Raj Dogra and others v. Gyan Chand Jain and others[2] construed the meaning of Section 52 of the Transfer of Property Act and laid down following conditions:

A suit or a proceeding in which any right to immovable property is directly and specifically in question must be pending;

1) The suit or proceeding should be pending in a Court of competent jurisdiction;

2) The suit or the proceeding should not be a collusive one;

3) Litigation must be one in which right to immovable property is directly and specifically in question;

4) Any transfer of such immovable property or any dealing with such property during the pendency of the suit is prohibited except under the authority of Court, if such transfer or otherwise dealing with the property by any party to the suit or proceeding affects the right of any other party to the suit or proceeding under any order or decree which may be passed in the said suit or proceeding.

FINAL RECOMMENDATION

You should get the proceedings at Junior civil court stayed on the grounds of subject matter being Lis pendens. at senior civil court

Hope this information is useful.

1) she has no rights on the property

2) you have won case over your adopted father property

3) file suit to set aside registration of property in your sister daughter name

1. Your father had the right to transfer the title of any part of his land to any body with out taking your consent..

2. However, since he had the restrain order from the Court against dealing with the said property it was illegal for him to sell that portion of the property despite having restrain order from the court for which the said sale is void at law.

3. It will be difficult for her to prove before the Court that your father had not violated Court order to transfer the title of the said property to her.

NO the lady does not have any right, you may share the copy of the suit that has been filed by the lady so that some concrete advise may be advanced to you. p

Possession is the nine point of law, and through this doctrine you have a bright chance in inning the case.

Regards