• Section 151 case on my house

I had a house in my name and my husband expired. My brother in law registered Injuction case in my name disposal of 6C. But i sold the property and left house. Also the case got dismissed.
Now, my brother in law have registered section 151 against me. I have left my old house and dint recieve
the notice too as the address mentioned is my old address. I came to know about the case from online.
What should i do? Please suggest.
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

19 Answers

Dear querist,

You should give the said details to a lawyer, along with a signed vakalathnama authorising him to inspect the case file of the matter, so as to ascertain the stage of the case. An appearance in the court should be made by the advocate along with the said application.

If you're being proceeded ex-parte, you can file an application to set aside ex parte order on the grounds that no summons were ever received by you and your defence has merits which should be heard so as to adjudicate the case fairly.

Feel free to call.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Dear Client,

sec 151 of which act. CPC or CrPC.

Well, on above facts, sec 151 of both acts has no application.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

On what ground suit dismissed, court order ?

Sec 151 CPC, than some application has filed, nothing to worry.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) you are absolute owner of house

2) on husband demise you are at liberty to sell the house

3) you dont need brother in law consent to sell the property

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

the courts have all the necessary powers under Section 151 CPC to make a suitable order to prevent the abuse of the process of court. Therefore, the court exercising the power under section 151 CPC first has to consider whether exercise of such power is expressly prohibited by any other provisions of the Code and if there is no such prohibition then the Court will consider whether such power should be exercised or not on the basis of facts mentioned in the application

2) it is necessary to peruse application made by BIL to advice

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Section 151 CPC is the inherent power of the court to make such orders as may be necessary for the ends of justice, or to prevent abuse of the process of the court. So, you should get a copy of the said application on priority basis which would enable you defend the application filed by your brother in law.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1) You remain cool, go as per process its not your fault that the summons has been not received to you. Its other party fault not provided correct address of yours.

2) So don't worry and you don't know anything about such case is going, unless n untill summons is served to other party case won't proceed further.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. It appears that there was no stay order against the sale of the house

2. The case was dismissed

3. That is why a review may have been filed under s.151 of cpc to revive the matter and set aside dismissal order

4. If the house was sold by you when there was no court injunction operating against you, then you have nothing to worry about

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

- Section 151 CPC to make a suitable order to prevent the abuse of the process of court.

- Since the Injunction suit filed by your brother got dismissed . It means there was no injunction / restraining order against you and that is why you have already sold the said property and further no body came forward to stop your transaction.

- Now , the property in question has been already sold, then nothing will be happen against you because without having title deed and possession no suit is maintainable.

- As you have shifted other location after selling the said property , and the said summon (if any) is coming on the said address . Until the service of the said notice served upon you , no order will be passed.

Mohammed Shahzad
Advocate, Delhi
9885 Answers
121 Consultations

5.0 on 5.0

This is my response to you:

1. Section 151 case has not much scope, it has to be dealt in a meritorious manner;

2. If you have not received the summons then nothing to worry;

3. Only when you are served notice you should appear in the court;

4. Since the property is already sold nothing can be done about it;

5. Your brother-in-law has no scope to argue the matter on merits since he was not Class-I legal heir;

6. Therefore you can relax.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You should respect the court. Hire a an advocate.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

Since you have not received any summons you need not have to appear before court, however if you are curious about knowing the details of the case you can engage the services of an advocate or even directly appear before court and get the copies, ascertain if it is worth challenging the same or decide accordingly.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Section 151 alone is not provisions for filing a suit, until you peruse the case papers you cannot guess the case or the nature of the suit, hence instead of maintaining the suspense break it.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

You need to face the proceedings about the same and contest it.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

You register an FIR for the offence punishable u/s 420/340/467/468/471/120B with local Police Station alternatively you can file an application u/s 156(3) Cr.P.C before the area Magistrate for direction upon the Officer-in-Charge of local Police Station to register an FIR and to investigate against your brother-in-law.

You can also appproach civil seeking cancellation of the fabricated gift deed as well as seeking injunction against the same.

Also contest the case filed by your brother in law.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1) file police complaint of cheating , forgery , fabrication of documents against your BIL

2) uin registered gift deed is not admissible in evidence .

3) no injunction would be granted by court as no prima facie case is made out by the BIL

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

unregistered gift deed has no value,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can deny the execution of the forged gift deed.

An unregistered gift deed is invalid in law hence it cannot be an admissible evidence.

You can challenge the same on the basis of documentary evidences and merits in your side.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

File a cheating and forgery case against them. Inform the court about the said forged gift deed. Also file a suit for cancellation of the gift deed.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer