you should have after filing suit sought stay order restraining sale of property by seller
2) now you have to amend plaint make buyer party to the suit
3) if seller not contesting suit you should get exparte decree
Defendant sold off property to third party
In our case, we are the petitioners with all documents to prove ownership. The defendant after 11 years of tactics and using legal loopholes to delay the trial, fled after having sold off the property she was occupying. We are on the terrace of that property awaiting a permanent injunction. Now some third party people have moved in who are making loud noises and even planning on construction. I have spoken to and recorded one as saying they have consciously bought a subjudice property and would want to settle with us but their intentions seem nefarious as it was me who had to ask them and they have not been proactive in talking with us at all. My lawyer has drafted a stay order that I am filing in the court tomorrow. Our next date for trial is aug 14th. By lis pendens, would the law give us the property by default since the other side has abandoned suit. Should I file an FIR. What options should we consider and what further needs to be done...
Asked 2 years ago in Property Law
Religion: Hindu
10 Answers
If the opposite party is the defendant and has not been attending the court, you may seek for an exparte decision against them.
There's no reason for lodging a criminal case.
Listen pendens is not a court order restraining them from alienating the property neither it is an injunction order
Why would I have to amend plaint and make buyer party to the suit...all transfer of a subjudice property without consent of the parties involved must be made null and void. Lis pendens is not a court order I understand but it is a legal caveat to settle the issue of justice in case anyone goes against it without the court's and other party's consent....after a seek an exparte decision, i would want to know what happens with this case I have had for last 11 years.
Asked 2 years ago
You need to amend plain t as buyer is not party to the suit
you need stay order restraint buyer from selling the property and also orders for setting aside fraudulent sale done by seller
If you have filed the case and in that if the opposite party remains absent and consequently set exparte, then you may get the decree in your favor as prayed for.
Listen pendens is not a caveat for the buyer neither a restriction, the buyer takes risk to purchase the property.
Order is passed by court and no lawyer has any authority to draft any order of stay. You can only file application praying for injunction or stay. You can file FIR against the miscreant. In case of list pendens the out come of case shall govern the fate of the property. The lis pendens doctrine states that no fixed property may be transferred when a lawsuit relating to it is pending. Section 52 of the Transfer Property Act provides that the transfer which is made during the pendency of the proceeding is subjected to the final result of the litigation. So report the matter to police and also file application for injunction or stay in court.
You will get property only date court passes order and decree in your matter
You have to seek cancellation of sale deed pendent lite and for that purpose you have to add the purchaser of property as defendant. Sale deed registered is null and void only you need to pursue properly. No need to settle with him.
- It is very amazing that during the period of 11 years , you have not taken interim stay order from the court , even after having all the property documents
- If the defendant is absconded , then there will be no service of notice issued by the court in your said Injunction application and in that case , court will not pass any order
- However, you can file a suit for Permanent Injunction against the third party who has purchased the property.
- Further , you can also lodge an FIR against her for the offence of cheating and selling the property.
Transfer Of Property Not Void Just Because It Is Made During Pendency Of Suit; But Subject To Outcome Of Case
Dear Client,
A court order has been issued, and no lawyer possesses the authority to draft any stay order. Their role is limited to filing applications requesting injunctions or stays. If someone is causing trouble, you can file a First Information Report (FIR) against them. If there is a legal case pending (lis pendens) that concerns a property, the eventual outcome of the case will determine the property's fate. According to Section 52 of the Transfer of Property Act, any transfer made while legal proceedings are ongoing is subject to the final decision of the litigation. It is advisable to inform the police about the situation and simultaneously file an application for an injunction or stay in the court.
