You can file another injunction petition against the opponent to not alienate or further encumber the property in any manner and to maintain status quo till disposal of main suit.
Change in description of EC without consent and knowledge
Since thirteen years the EC form 15 shows as the whole property has been gifted. Now yesterday I went to registrar Office and obtained EC officially. It contains a description 50% undivided share. The case is pending with court for partition. What is the legal course of action now?
Asked 7 years ago in Criminal Law
Religion: Hindu
9 Answers
File a RTI application with registrar office to provide details of documents on basis of which he unilaterally changed the EC records
Write to his senior, Registrar, complaining about this change
Or you can write letter to sub registrar asking for clarification and mark this letter to Registrar also
Follow up on these letters through RTI
If no response then you can file a writ in HC challenging the change in EC and to maintain status quo ante
You can invoke writ of mandamus under article 26 and also invoke article 27 for superintendence over lower authorities
Sir the change in EC entery can be challanged if that is done pending the case before the collector. Or further if the partition suit is going on the interim stay application can be filed so that property is not alienated pending the litigation.
1) Need to check all mutation records of the particular property from gift deed date and the partition filed case date.
2) Check the history why partition filed and what is share in the property of other party. Check the family tree from 1950 onwards of property.
Firstly obtain Certified Copies from SRO, then immediately file a interim injunction order.
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.
Check there is any error is happened in new EC . Also intimate registrar about the new changes in EC and show him the old EC.The4 same time Show the gift deed for his perusal.
Please elaborate.
Dear Sir,
You may get issue legal notice to the concerned authority and also implead him as a party in the pending suit and get amendment of the pleadings seeking necessary relief.
Produce the certified copy obtained from the registrar office to court. The court will pass Appropriate directions
