Hello Sir, My Grandfather executed Will between his two sons (my father and his brother). My Father's brother was able to manage to get registered some properties on his name, though those properties belongs to my father as per my grandfather's will and District court judgment. The suite is pending in High court now. As those properties are pending in court, he is not able to sell further anymore.He is planning to sell the properties in below manner. He is executing an agreement with 3rd party X, saying he takes some money from 3rd Party and in case if he is unable to pay than hand over the properties to 3rd Party. Now 3rd party is approaching court to give court order to transfer properties on his name, as the defendant fails to return money. Intentionally my father's brother(defendant) do not appear/respond to the court and court will direct to transfer the properties to 3rd party. Henceforth 3rd party will become Legal owner and they gets registered the properties by showing the court order. if we know the case going on between 3rd Party and my Fathers brother we can include in the case as another party and stop those. But here we have no idea on who is 3rd party and the case going on between them. Can you please suggest how to proceed in this situation. Thanks in Advance sir. Rama Krishna email: [deleted]
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Your father should obtain court orders restraining your uncle from creating third party rights on the property
2) once court passes stay order uncle would not be able to mortgage , sell the properties
3) any sale of property by uncle would be subject to outcome of suit filed by your father .sale would be set aside by court
Any transfer of property by way of mortgage, sell, gift, exchange etc. while case is pending on the property is invalid and not enforceable. Trick by your uncle to fool the Court is not workable. In the pending suit you can obtain injunction against sell, transfer and creating mortgage on the properties and serve the copy of order on the sub-Registrar of area where the properties are situated. Sub-Registrar cannot transfer such property once he receives order from Court. If such transfer has taken place, by feeding the name of uncle in the website of Court you will know all the cases and them implead yourself and get the such transfers cancelled.
Hello,
If you apprehend any such fraudulent activity by your uncle then your father can file a suit for permanent injunction against his brother to restrain him from alienating or encumbering the property in any manner.
If suppose he comes to know about any such case filed by the third party purchaser. your father can file a petition under order 1 rule 10 cpc to get impleaded in the suit and challenge the case on merits and get it dismissed.
You have to vigilant to watch the developments so that you can proceed accordingly.
You can take an injunction in your suit for such transaction against your uncle. You can also direct the uncle through court to reveal the said transaction and 3 rd party before court
Dear client I am sorry to hear that but in this case since the property was ancestral property you and your father's brother is equally entitled to the rights of the property and hence you may approach the court and file a case against the transfer of the property to the party
In the pending suit, your father has to file an application for an ad interim injunction restraining his brother from alienating the disputed property by sale ,mortgage or otherwise to any third party till the final disposal of the suit. please ask your lawyer to press for an early hearing of the Interim Application.
