• Property law

Can my mother execute gift deed to me , if the property still pending in the high court
Asked 7 years ago in Family Law
Religion: Hindu

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13 Answers

It is not clear the nature and status of the case.

In any event if this very property is the subject matter of the proceeding pending in high court then also the property can be gifted to you unless there is no an order of injunction.

However do keep in mind that even if there is n order of injunction and gift is done in your favour then also you will have to remain bound by the outcome of the pending suit.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

Is there any stay or status quo order on property from court ?

GIFT deed is valid subject to outcome of decision of HC.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

if there is no stay operating against the property in the pending dispute, then the property can be gifted

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

if no stay order is passed by HC gift deed can be executed by mother 

 

it should be duly stamped and regsitered

Ajay Sethi
Advocate, Mumbai
99869 Answers
8149 Consultations

If there is no injunction , property can be transfer through gift during the pendency of a suit

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

1) No, she can't gift property you, as the decree or judgment doesn't took place yet.

 

2) She can do POA of that particular property for legal and admin work.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If the title to the property is in dispute then your mother is understood to not to have proper and marketable title to the property, hence she cannot transfer the property to anyone which is not in her name.

Therefore she cannot transfer the property by gift deed or by any means until her title to the property is confirmed.

 

T Kalaiselvan
Advocate, Vellore
90071 Answers
2500 Consultations

Hello,

Is there a stay from the HC?

If there is a stay then the same can not be done, if done, then a contempt case can be filed against her. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If there is order of court or stay on the property then in that case pending the litigation the property cannot be gifted.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Unless there is stay granted by the court on creating of third party rights your mother is free to gift it to you. However, it will be subject to the final outcome of the case.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

if there is challenge for the said property title and stay is there then any gift deed executed will not have legal effect.

Prashant Nayak
Advocate, Mumbai
34583 Answers
249 Consultations

Dear Sir,

If there is no stay by any court including High Court, then your mother may execute gift deed in your favor.  Before that please see whether S.53A of TP Act attracts to the facts of your case.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

The Delhi HC court has now listed the online sale of drugs/medicines matter for further hearing on March 25, 2019.

The Delhi High Court has banned the sale of drugs and prescribed medicines by online pharmacies.

So, you will no longer be able to buy medicines from online platforms. And if you do, it will be called "illegal". A bench of Chief Justice Rajendra Menon and Justice VK Rao has passed the interim order seeking a ban on "illegal" sale of drugs and medicines online.

 

So why has Delhi HC banned the sale of online medicines? According to the plea "Online pharmacies are operating without a drug licence and cannot be regulated in the present regime. Unregulated and unlicensed sale of medicines will increase the risk of spurious, misbranded and sub-standard drugs being sold."

 

 

The plea reveals that there are several online pharmacies that are selling prescription medicines in large numbers without a valid prescription, which can put safety and health of the consumers at risk. Furthermore, the plea also asks authorities to take action against any such online pharmacies distributing, selling or exhibiting drugs on the internet

The Petition also noted, "It is a matter of public knowledge that e-commerce websites have been caught on numerous occasions of selling fake products. Unlike consumer items, drugs are extremely potent substances and consuming wrong dose or fake medicine can have fatal consequences on the patient."

It also mentioned that currently there' no mechanism to control the sale of medicines on the Internet and hence the online sale of medicines /drug may cause health hazards not just for the adults but also among the children considering they spend most of their day on the internet. The petition further noted that the online sale of medicines also affects the right to a safe and healthy life under Article 21 of the Constitution.

The Delhi HC court has now listed the online sale of drugs/medicines matter for further hearing on March 25, 2019.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

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