Hello, My mother has a plot in her name and she wants to transfer that plot to my name (youngest son). But, currently, there is a pending litigation going on with the neighbor who is claiming some portion of his land is occupied in the plot own by my mother. I have discussed with few lawyers and they advice that my mother can't transfer the title to my name since the said land is having pending litigation. On the other hand, my elder brother is also trying to get some portion of that land even after he got his share of parental property. Moreover, my mother is getting old and wants to equally give that said land to my name before her health deteriorates. So, please suggest what is the best possible way to make sure that my mother can transfer the plot to my name while she is alive with still there is a pending litigation going on. Thanks in advance.
Hello,
The property can be transferred pending litigation but the same will be transferred with the result of the pending litigation attached to the same. Meaning that any one who purchases it will be bound by the order of the pending litigation on the land.
Regards
Kindly clarify whether any stay order has been passed restraining sale or creating third party rights on the property
In case Court has directed maintenance of status quote mother cannot execute gift deed or sell plot to you
3) mother can execute will bequeathing plot to you
No, there is no stay order as we have constructed RCC G+2 foundation after getting permission from concern development authority.
In absence of any stay, definitely the property can be transferred.
Regards
If there is no stay order or order directing maintenance of status quo mother can execute gift deed in your favour
Pending litigation, your mother is free to pass on this property to you, only in case there is no order of injunction into operation restraining the sale and purchase of this property.
Immediately pursuant to the transfer in your name, you will step into the shoes of your mother and will have to contest the case.
You will be bound by the final decision of the Court in the matter.
Dear Client ,
Even if there was any stay, ur mother can validly transfer her share by inheritance.
Ask her to execute WILL, try to get it registered.
A. First, you need to check as to Whether the Court has passed any injunction or Stay order towards your property with regard to not alienation the property till next date hearing or disposal of the suit? If no stay or injunction order, you mother can transfer the plot as her wish.
B. To know about the stay order or Injunction order, apply certified copy of the order passed by the Court so far and verify the order sheet from the date of hear commencement.
A. As you said, no stay order passed by the Court. Hence, your mother is eligible to transfer the plot through Gift Deed or Sale Deed as her wish to her children.
B. Notwithstanding transfer of the property from your mother, all parties in the suit and suit schedule property shall be bound by the Final Court order which means that the parties shall be liable to final decision of the Court.
1. You may seek permission of the Court for transfer in you name.
2. If you want to take risk then you can get it transferred in your name without disclosing pending litigation.
3. You may get a registered Will from your mother.
If , there is no stay order , then the transfer is possible in your name , even if the suit is pending before the court ,because there is no court order against your mother.
Your neighbour is claiming some portion of the land owned by your mother but the court has not granted him even interim stay as per your version. In this way she can proceed to transfer it to her LRS/son.
Hi, if the court has not passed a stay order , your mother can transfer the property in your name through gift deed .. If there is a stay order , she can execute a WILL in your favour.. The WILL shall come in to existence after demise of your mother
1. The mere pendency of litigation with respect to the land which your mother wants to transfer to you does not preclude her from transferring it to you. Unless there is an injunction issued her by the court which commands that she should not create any third party rights in the property during the pendency of the litigation, she is at liberty to transfer it.
2. It needs to be mentioned though that any third party rights created by your mother will be subject to the outcome of the case.
Though there is a litigation pending, since there is no restriction by any court to not alienate the property, your mother can very well transfer the property to your name by executing a registered settlement deed.
If the court verdict is against her then you be prepared to act accordingly
No, there is no stay order as we have constructed RCC G+2 foundation after getting permission from concern development authority.
If there is no stay order, you get the property transferred to your name by a registered document.
Let the court pass a judgment at disposal, you may be prepared to obey the court orders accordingly.