We file civil suit against my step mother in 2011 and we get the stay on the property in 2014 my step mother sale this property to third party in 2016 and the third party sale to forth party by registered sale deed and still court stay on property in my favour and we file the contempt of court on my step mother after this illigel offence now advise me how we cancel this last to translation of property how cancel the last 2 name from property card
We file civil suit against my step mother in 2011 and we get the stay on the property in 2014 my step mother sale this property to third party in 2016 and the third party sale to forth party by registered sale deed and still court stay on property in my favour and we file the contempt of court on my step mother after this illigel offence now advise me how we cancel this last to translation of property how cancel the last 2 name from property card
1) you have to amend the plaint and seek orders to set aside subsequent sale deed made in favour of the purchaser
2) make purchaser party to the suit
3) seek injunction restraining purchaser from creating third party rights on property
4) apply to revenue authorities to set aside mutation of property in favour of the purchaser
5) enclose copy of stay order passed by court
We already made party in my suite to both purchasers
you have been rightly advised by your lawyer
2)you have also taken out contempt of proceedings against the step mother
3) in order to avoid gong to jail she would compromise with you
1.DO not worry about the subsequent sale deed.
2.If you win the suit filed agaisnt your stepmother then the decisison would be binding on the purchaser even if you did not make him a party.
3.So concentrate in your suit and forget about the sale.It has no force since it was made during the pendency of the suit,
Any act done in violation of a stay order of a court, is a non-est act and is having no validity in the eyes of law. Thus, the sale by your step mother to a third person and from the third person to fourth person, are null and void acts, having no validity in the eyes of law. The said sale transactions are void ab initio.
File a suit for declaration seeking nullification of the said sale transactions.
no other action is required. it will be the fate of suit already filed and proceeded by you.
Hello , the sale deed made by your step mother are illegal and void .. Implead the other parties in your case and take a stay , so that they could not resale it futher
If those two parties have been made the party then continue with the same and pursue the case for cancellation of the sale deed as the same could not have been done by your mother
You have a good case and in all the probabilities you will succeed.
Regards
You had done all the possible things what all can be done. Alongwith move an application before the court to pass an order for the cancellation of last two transaction of the disputed property.
You dont have to cancel the transaction carried out by your mother
The transaction is not binding on you hence you need be bothered about it.
If you are getting a decree in your favor then you can file an execution petition and vacate the buyers legally with the help of police .
We already made party in my suite to both purchasers
If so, then you may pursue the matter through the pending civil suit itself.