• Injunction

My father recently bought a flat from mr X.
After that we came to know that a friend of Mr X has helped in doing some interior decoration of the flat before the sale and they have issued a injunction on the flat
We did not know that at the time of sale
Registration and mutation has been done
Now what are the consequences?
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

Firslty, whenever you are going to purchase any property, there has been a presumption for the party purchasing to inquire about the property at least little bit.

Secondly, you can do it by going through the registrar’s office and see if there is any existing transaction on it or not.

Thirdly, but, yes it is also not feasible for a party to go to court and find out any such thing.

Fourhtly, it is the fault of the seller not you, so please be in the possession of the flat let them fight in the court.

Rest, would feel fortunate to help you further in future...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hello,

If mr.x had possession and all the relevant papers in his name then you have nothing to worry .

If the sale is done during injunction the seller will be liable for the payment.

Thanks and regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Sir, I have read your problem carefully, and like to tell you that it is the practice of the sellers to hide things from the buyer.

You please continue with the possession of the same.

Rest you can show me all the documents to go through it carefully if he has not put something in it in legal language to make trouble for you and to keep himself out of it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. What is the injunction order referred by you?

2. Is it an order restraining the seller in selling the said property till the case filed by his friend is disposed of?

3. If yes, then the sale deed registered by the seller is void at law.

4. Apart from registry court check is also required to be conducted (for at least 12 years) to ascertain whether any case is pending against the seller in connection with the said property or not.

5. Your father shall have to first collect the copy of the said injunction order and lodge a police complaint against the seller for cheating you by selling the property which he was restrained from selling by the Court.

6. Your father shall have to file a Money Suit claiming refund of the sale proceeds including the Registration cost with interest, damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. If there was an order restraining the seller in selling the said flat, then the sale deed registered by the seller is illegal hence invalid as per law liable to be cancelled.

2. The Court might direct you to leave the possession of the flat in favour of the said interior decorator if he wins his case.

3. Your father shall have to file the Money Suit claiming refund of the amount spent by him registering the said sale deed as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Once you get the possession don't move from there .

Yes you can rent the same and live there .

Thanks and regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

1. The order of injunction needs to be known in details before making further comment.

2. For the non payment on interior charges granting of injunction on the property itself is very unlikely . Moreover the person giving interior service does not have any interest in the flat itself.

3. So the order of injunction is very unlikely as the interior decorator having no title in the flat can not encumber the same.

4. In other words the order f injunction looks to suffer from lack of jurisdiction and replete with illegality. So the order is liable to vacated.

5. if you show the order then further assistance can be rendered.

All the best.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Sir, if a stay is granted on the transfer of property then in that case sell is void. but in a recovery suit of amount the stay on the transfer is bit absurd so the order can be perused for the proper opinion.

Further since you were bone fide purchaser you can ask court to join you as the party to suit and can challenge the said stay order. As there was intimation and notice so yo can claim damages and refund of amount from the seller in case of any adverse order.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your father can take possession if there is no such restriction and further can challenge the stay order.

Also you have remedy against the seller as the cheating and breach of trust can be filed against him with a recovery suit to recover the amount.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

hello,

the flat was bought by you and it has been regd and mutation has been done. the interior decorator had to be paid by the previous owner. the ownership of the flat is not in dispute. you can do anything with the flat. the charges for the services rendered has to be paid by the previous owner. in case he hassles you send a legal notice to the previous owner.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

1) if injunction had been granted restraining sale of flat then X could not have sold the flat to your father

2) it amounts to contempt of court

3) ask X to refund your money and cancel the deal

4) if he refuses file suit against X and seek refund of money on account of court orders restraining sale of flat

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Sale by X in contravention of court orders is contempt of court

I would be subject to final orders passed by court in pending suit

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1. You ought to have conducted due diligence before the sale to ensure that title was free and marketable. A vital ingredient of due diligence is to make an independent inquiry to find out if there is any litigation pending with regard to the property.

2. Now engage a lawyer and obtain the suit papers of the injunction suit and the order passed by the court in it. If injunction has been granted then file an application to bring yourself on record as a defendant and contest the injunction suit.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

This is my response to you:

1. You will have to apply to court to vacate that injunction on that flat;

2. What were the reasons for injunction?

3. Infact when the flat is registered in your father's name, you have full rights over that property and you can take possession;

4. The title transfer is complete therefore you need not worry;

5. Infact file a police complaint against Mr.X for suppressing this information from you.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

What the injunction order says ? If the injunction for restrains the seller to sell the flat to till the disposal of the case then the purchase is illegal and the registration is void at law.

So first check the details in the order of injunction . Second the possession of the property is in your hand then stay in the flat and not lose your possession.

Most probably the interior designer file a money suit if so wait for final judgement of the case and watch the case and consult a local lawyer and if necessary file damage suit along with refund of money spend by your father

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

Mr X couldn't have sold the flat as there was an injunction order on the saidt property as that amounts to contempt of court.

You should file an invention application the said civil suit, so that you may also be added in the case as a concerned party and can defend your rights.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Now will my father denied the possession of flat?

Can we live/ rent the flat?

A. Your father can be denied the possession of the flat, if the interior designer succeeds in the case against Mr X.

In such a scenario your father can file a suit for recovery against Mr X to recover his money which was paid by way of sale consideration including the registry and mutation charges Borne by your father.

Your father also has option of filing the criminal complaint against Mr X for cheating and criminal breach of trust under section 420 and 406 of IPC.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

If you have bought the property without knowing the pending injunction against the property, you may file a petition to implead yourself as a necessary party to the pending suit.

Participate in the suit by sailing with your vendor and look for the remedies or any out of court compromise.

No doubt your vendor will held liable for the consequences for selling the property during the pendency of a civil court case.

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

My father bought it without any information by the seller whether there was an injunction on the flat or not

Also the registration and mutation were done

There were no hint of any problem regarding the flat during registration and mutation

Now will my father denied the possession of flat?

Can we live/ rent the flat?

In general, you cannot find the pendency of any cases agaisnt the property until it is reflected in the encumbrance certificate or the vendor informs you about this.

There is nothing to be worried for the present.

You can approach an advocate in the local and get yourself impleaded in the pending case as a necessary party or as the subsequent purchaser

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

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