• Stay Order

I'm based in the UK. I have a property case running in Haryana (it's a HUDA property) in which I have a stay order. 

Huda has been sent a letter advising them of the stay order plus a copy of the order. My copy of the letter has now been stamped by Huda with a diary number and date. However, when I look at the property details on Huda Plot Enquiry (online), under the section 'Under Court Case' it states 'NO'. 

Please can you advise how I can be absolutely sure that Huda and Registry office have registered the stay order and notified the relevant authorities?
Asked 2 months ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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16 Answers

The HUDA computer programmer might not have updated the status of the court case. 

The authorities might not have instructed the staff about this. 

As you have a court stay order in your favor,  you can very well proceed against them with a contempt of court if they violate the court order. 

T Kalaiselvan
Advocate, Vellore
86630 Answers
2315 Consultations

File RTI application with HUDA as to whether stay order has been noted by HUDA in its records 

 

2)  section 52 of transfer of property act 

 

prohibits transfer during the pendency of the suit. This protects the plaintiff to the extent that if any sale or transfer of title is made during the pendency of the suit, then any such action will be invalidated and the purchaser shall become bound by the result of the litigation

Ajay Sethi
Advocate, Mumbai
96426 Answers
7773 Consultations

- Since, the court has passed Stay order in the said property case in favor of you, then the HUDA is under obligation to comply the said order of the Court, and cannot transfer the said property due to the Stay order. 

- You can send a notice to the HUDA with the copy of that order , and mention therein to update the property details in its website. 

- Further, if no updated then file a contempt petition before the same Court . 

Mohammed Shahzad
Advocate, Delhi
14242 Answers
216 Consultations

Dear Client,

If the online status still shows “NO” under “Under Court Case,” you may need to follow up with the relevant HUDA office. The online records might not be updated immediately, and direct communication with the office handling your case will provide more accurate information. You can submit a formal request to HUDA and the Registry office, asking for written confirmation that the stay order has been recorded and the relevant departments have been notified. You can also file an RTI application with HUDA and the Registry office, asking for information on whether the stay order has been registered in their records and what actions have been taken pursuant to the court order. After that if you find non- compliance, you may have grounds to file a contempt of court petition against them. Should you require any further clarification, please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
9981 Answers
117 Consultations

1. The said stay order is for staying what? 

 

2. You shall have to ascertain whether the act of HUDA upon which the stay order has been issued, has been stopped by HUDA or not.

 

3. Since the property was  under litigation which was within the knowledge of HUDA, they were not supposed to show the status of the property as Under no Court Case even without your receiving the stay order.

 

4. HUDA has already acknowledged the receipt of the copy of the Stay Order and they or the Registry Office are not required to register the said stay order.

 

5. However, you should write to HUDA for changing the status of the property stating that it is under litigation.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27353 Answers
726 Consultations

It is the  duty of party that obtains stay order to intimate all authorities of the  stay order of the  suit property. You are the  beneficiary of the stay order. You should inform all with a copy of order with covering letter about the  stay order so that the  property is protected till the  disposal of cases.

Ravi Shinde
Advocate, Hyderabad
4177 Answers
42 Consultations

कानूनी नोटिस संबधित को भेजा जावे.

Mahesh Pandey
Advocate, Jabalpur
9 Answers
2 Consultations

Need to file rti application and get the information 

Prashant Nayak
Advocate, Mumbai
32330 Answers
194 Consultations

Foreigner can gift inherited property to Indian resident 

 

no RBI permission is necessary 

Ajay Sethi
Advocate, Mumbai
96426 Answers
7773 Consultations

 If proved illegally bought by the present owner, his deed of conveyance will be considered as invalid.

Krishna Kishore Ganguly
Advocate, Kolkata
27353 Answers
726 Consultations

Once the property was inherited by the foreigner, it becomes his own and absolute property, he can sell or can transfer it by a gift deed to any person of his choice, there is no illegality in it neither he requires permission from RBI for doing this act nor the RBI has any restriction towards such transfer of immovable property.

Now the resident Indian has sold the property to a third person by a registered sale deed, which is normal course of a legal transaction and until and unless somebody plays a fraud in this, then there is n legal infirmity in this transaction too.

As far as the money transferred to foreign country, it is a different subject. According to the Reserve Bank of India (RBI), Indian citizens can transfer up to $250,000 per financial year to a foreign account under the Liberalised Remittance Scheme (LRS). This limit applies to all resident individuals, including minors.

Thus there is no illegality is observed as per your contents in any of the said transactions. 

T Kalaiselvan
Advocate, Vellore
86630 Answers
2315 Consultations

- Better option is to return the said property by way of registered gift deed in the name of any relative in India 

- You can approach the RBI for getting the accurate information. 

Mohammed Shahzad
Advocate, Delhi
14242 Answers
216 Consultations

It is necessary to peruse various orders  passed by court to advice 

 

revision application appears to be barred by limitation

 

Ajay Sethi
Advocate, Mumbai
96426 Answers
7773 Consultations

A foreigner need not obtain permission from RBi to inherit the property in India, hence such inheritance cannot be considered as illegal or invalid.

By just filing a suit, the property owner will not be restricted to transfer the property by a sale deed in favor of the buyer.  If there was no order by any court of law restraining the seller to sell the property then this sale cannot be considered as an illegal act.

How come the application filed in Jan-2024 was rejected on 11.3.2022?, is it 11.03.2024, if so the aggrieved person can file a civil revision petition against the aggrieved order, if at all he really finds any good ground for revision.

If either of the party is aggrieved by the court's decision may have the opinion of their respective advocate to proceed with appeal/revision before appellate court or high court.

T Kalaiselvan
Advocate, Vellore
86630 Answers
2315 Consultations

- The limitation for challenging the said order is already expired , and after a period of 2 years the condonation of delay application will also not maintainable. 

- Since, the person B has purchased the property from A , then he has his right to file cases against A , However if the property he has sold to person C then he loose his right. 

Mohammed Shahzad
Advocate, Delhi
14242 Answers
216 Consultations

Dear Client,

From the facts stated in the case, it would appear that Person B’s application for the civil revision of the March 2022 order of the District Court has significant chance of being dismissed for several reasons. Firstly, the application is time-barred for the reason that it was filed in January 2024, whereas according to Section 115 CPC the statement of such reasons may be filed only within ninety days from the date of receiving the petition. Secondly, revisions against older orders are not normally sustainable. Thirdly, Person B has no standing to sue since the property was sold to Person C in July 2021 and therefore doesn’t have any legal interest in the property. Based on the above-discussed factors, Person B should avoid applying for revision and contact a legal attorney for other remedies depending on the case’s circumstances.

 

Hope you find this answer satisfactory.

Anik Miu
Advocate, Bangalore
9981 Answers
117 Consultations

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