You cannot rent the flat as flat is in your wife name 

2) she can ask tenant to vacate flat 

3) ask tenant to vacate and keep flat locked till wife issues you notice to deliver possession of flat 

1. Can you continue renting to same tenant?
Legally risky. Flat is in wife’s name and you have no TI in your favour. If she objects in court, it can go against you in the main suit. Better to not change anything major without your lawyer’s advice.

2. Can you keep flat in your possession?
If tenant is already there and paying you, factually you are in possession, but it is not legally protected now. Court may see this as weak since title is hers.

3. Can ex-wife come with TI and ask tenant to vacate?

• If she obtains an injunction in her favour (e.g., restraining you from creating third-party interest), she can ask tenant to pay rent to her / vacate, and can act against you for violation.

• Even now, as registered owner, she can directly ask tenant, and tenant may get confused and side with the name on title.

4. Can you ask tenant to leave and lock the flat?
Also risky. It can be treated as unlawful interference with owner’s (her) rights, especially when the court has refused you interim relief.

• The Court's Prima Facie View: The judge, at this interim stage, was not convinced that you have a strong enough case to prevent your ex-wife from dealing with the property until the final decision. Since the property is in her name, the court likely gave her the benefit of doubt as the legal owner.

• It's an Interim Order: This is not a final decision on ownership. Your main suit for declaring ownership is still ongoing.

• The "Balance of Convenience": The court may have found that the "balance of convenience" was in her favor. This means the hardship she would face by being restricted from her own property (on paper) was greater than the hardship you would face without the injunction.

• Your Strengths: Your evidence of funding the flat and receiving rent is crucial for your main ownership suit, but it was likely deemed insufficient to grant an interim relief against the legal owner.

Answers to Your Specific Questions

1. Can I continue renting out the flat with the same tenant?

Highly Risky and Not Advisable.

• Your ex-wife is the legal owner as per the sale deed. With your TI rejected, there is no court order restraining her from acting as the owner.

• If she chooses, she can approach the tenant directly with her ownership documents and demand that the rent be paid to her. If the tenant refuses, she can sue the tenant for possession.

• The tenant, upon seeing her documents, might voluntarily start paying her or vacate the property to avoid legal trouble, regardless of your agreement with them.

• Continuing to rent it out exposes you to a potential lawsuit from your ex-wife for trespass, damages, and mesne profits (illegal income from her property).

2. Can I keep the flat under my possession?

Your physical possession is now legally very weak.

• "Possession" in a flat context means control. By collecting rent, you are exercising control.

• Since the TI was rejected, the court has not prevented the legal owner (your ex-wife) from taking possession.

• If she arrives in India, she can use her ownership documents to take physical possession, change the locks, and if you or your tenant resist, she can file a police complaint or a suit for possession. The police may treat it as a civil dispute, but her legal title gives her a strong upper hand.

3. Can Ex-Wife come with a TI order and ask the tenant to vacate?

She doesn't even need a TI order. She can do this with her ownership documents.

• A Temporary Injunction is a restraining order. You were seeking to restrain her. She does not need a similar order against you or the tenant because she holds the title.

• All she needs to do is present the registered Sale Deed in her name to the tenant and ask them to vacate or pay her the rent.

• If the tenant refuses, she can file an eviction suit against the tenant (and likely you as a co-defendant for illegally creating the tenancy). Her chances of success in such a suit are very high.

4. Can I ask the tenant to leave and lock the flat and keep it vacant?

Yes, you can technically do this, but it may not provide a significant legal advantage.

• Pros: It would stop the flow of rent, which could be a point of contention. It also prevents a situation where the tenant is caught in the crossfire. Vacant possession is often easier to manage in a litigation.

• Cons: It does not change the fundamental issue. Your ex-wife can still take possession of the vacant flat using her ownership documents. Locking it won't stop her from breaking the lock (after giving due notice) and taking control, as she is the legal owner.

Critical Recommendations & Next Steps

1. URGENTLY Consult Your Lawyer: This is the most important step. Discuss the specific reasons for the TI rejection mentioned in the court order. Your lawyer needs to analyze:

   • Can you file an Appeal against this order? (Usually, an appeal lies against such rejections).

   • What strategy to adopt in the main ownership suit to strengthen it.

2. Review Your Main Ownership Suit (Declaration Suit): The rejection of the TI makes your main case even more critical. Your entire focus should be on proving your ownership through:

   • Fund Trail: Bank statements showing the money came from you.

   • Intent: Any communication (emails, messages) showing it was a benami transaction or a gift, or that you were the intended owner.

   • Rent Receipts: Evidence that you were treating the property as your own by collecting rent.

3. Consider a Settlement: Litigation in India is long and expensive. Given that the property is in her name, you are in a difficult position. Explore the possibility of a negotiated settlement through your lawyers, where you recover a substantial part of your investment.

4. Regarding the Tenant: Act transparently with your tenant. Inform them about the situation. If you ask them to vacate, ensure you follow the terms of your rental agreement regarding notice period, etc., to avoid a separate legal dispute with them.

In summary, the rejection of the Temporary Injunction has significantly weakened your immediate control over the property. Your ex-wife, as the legal owner, now has a much freer hand to claim her rights over the flat. Your path forward is entirely dependent on the strength of your main ownership suit and the legal strategy your lawyer devises from here.

Yes if there is no injunction order you can 

I think you are confused, are there two suits filed by you or only one in which you have prayed for temporary injunction to.

However you can continue with the tenancy with the same tenant in the absence of any restriction from court.

You can file a revision petition before high court against the dismissal of temporary injunction.

Court passes orders on merits after considering whether  prima  facie case is made put for interim reliefs 

2) she can ask tenant to vacate as flat is in her name 

you cannot give flat on rent even if you have possession of flat 

1. Does the court verify every transaction in TI (Temporary Injunction) stage?
No—TI is only a summary stage. Court does not do in-depth verification of every transaction. Full details, banking proofs, and money trail are examined during the main title suit, not at the interim stage.

2. Can she now take possession or ask tenant to vacate?
Yes—As legal owner (name on title), she can demand possession or ask the tenant to vacate, as your possession is not protected by any interim court order. Status quo in your favour is not legally secure.

Suit may take over 10 years to be disposed of 

2) file appeal against impugned order 

3) it may take 5 to 6 dates 

4) if you are not owner of flat how can you do register agreement 

5) society can object to you renting the flat 

No they can’t take any objection if there is no court order restraining you 

3. How long will title suit take to dispose?
Title suits in India typically take 5–8 years or longer depending on complexity and court workload.

4. Should you continue in Sessions Court or challenge TI order in High Court?

• Continue in Sessions (civil) court for title suit since you’ve paid your lawyer and case is ongoing.

• Challenging the TI (Temporary Injunction) order in High Court is allowed, but normally TI appeals succeed only if there is clear legal error. HC disposal could take months to over a year, sometimes longer.

• You can appeal HC decision if final title judgment is not in your favor.

5. How many dates for High Court to dispose case?
No fixed rule: Typically 3–10 hearings (dates), but case may take several months to 1–2 years depending on court schedule and lawyer efficiency.

6. Can you make lease agreement on stamp paper as record of possession?
You can execute rent/lease agreement on stamp paper to demonstrate possession and rental arrangement for legal record. However, it does not grant you ownership rights—only shows you are in practical possession, useful in ongoing litigation.

Society committee objections:
Unless society by-laws strictly require owner’s consent for rentals, societies rarely interfere in owner-tenant matters unless formally complained by owner/ex-wife. Your main legal risk is with your ex-wife, not society, given current facts.

You have possession of the flat since before the dispute, the tenant is paying rent to you, and the court has acknowledged in its order that the flat is in your possession and that rent is being received by you. The temporary injunction was refused only because the court believed that you could not prove ownership contribution at this early stage. Temporary injunction orders are passed quickly and the court does not conduct a deep investigation of bank statements or financial records. Courts do not demand the wife to show matching withdrawals unless the matter goes into full evidence during the title suit. While deciding an interim application, the court primarily looks at pleadings, admitted facts, and documents produced at that stage. The court does not do a forensic analysis at the injunction stage.

She cannot legally take possession now merely because your injunction was rejected. Rejection of TI does not give her a right to take the flat or disturb the tenant. The legal position remains unchanged because the court has not ordered you to vacate, nor ordered you to give possession to her. You remain in possession exactly as before, and the tenant’s possession through you is lawful. If she goes to the flat and demands possession, the tenant is not obliged to listen to her because possession is with the tenant under your tenancy agreement. She cannot break the lock or force entry because that would amount to criminal trespass. If she approaches police, they will not act because it is a civil dispute, and the police cannot interfere in a possession dispute unless there is violence or a court order.

You may continue renting the flat because the court has accepted that the flat is rented out and rent is coming to your account. There is no prohibition placed by the court. You may also ask the tenant to vacate and lock the flat if you wish, because possession continues with you and the court has not said that possession must be handed over to her. The status quo of 5 years weighs heavily in your favour. Courts do not like to disturb long-standing possession unless ownership is conclusively proved.

A title suit takes much longer than a TI application. It can take anywhere from 5 to 10 years depending on the court’s workload, evidence, cross-examination, and whether any interim applications or amendments are filed. Since your case started in 2020 and TI took 5 years, the title suit also may move slowly. It is not unusual for such suits to take 6–8 more years. Your decision to continue with the same lawyer is sensible because the work has already progressed far.

You may challenge the TI order in the High Court, but High Courts generally intervene only when the lower court has made a serious error of law. Temporary injunction appeals often take months to a year. Even if the High Court sets aside the TI rejection, you still need to prove ownership in the main suit, so your long-term strategy should be to prepare a strong case on evidence. Challenging the TI order is optional. If you challenge it, the case may take around 4 to 10 hearings, but the timeline depends entirely on the High Court’s roster.

You can continue executing rental agreements on stamp paper. It does not establish ownership, but it helps demonstrate continuous possession. This is acceptable because the court has already noted that you have possession and rent comes to you. The society cannot object merely because you rent the flat. The society has no authority to interfere in family disputes. They can only ask for tenant verification or formality compliance.

Your biggest protection is that possession has remained with you and the court is fully aware of this. You should maintain peaceful possession, continue paying maintenance, ensure tenants follow society rules, and keep all rent receipts and agreements. These documents help show that possession is long-standing and uninterrupted. Unless a court issues a mandatory order directing you to hand over possession, she cannot force possession or ask the tenant to vacate. If she tries to forcibly take the flat, the tenant can call you, and you can call police because breaking a lock or entering without consent is a criminal offence.If you wish to contact us, you may do so on https://qrco.de/syslaw

The court has passed the judgment based on the merits of the case in the suit for temporary injunction.

However since you only approached court for temporary injunction and not she, therefore the dismissal of the suit for temporary injunction will not entitle her to take possession of the property nor to evict the tenant without any court order, because you have possession of the property as well as you only entered into the rental agreement.

If she wants to take possession or evict tenant then she has to approach court for this relief accordingly.

3. The disposal of different suits are based on its own conduct.

Since the case is going on and as you have paid the full fees you may better continue with the same advocate.

4. You have to continue the case in same court for the trial proceedings.

5. If an appeal is preferred before high court, it may not take more than three to four hearings.

6. You cannot register the property on your own unilaterally especially when the property is already registered on her name and the title civil suit is going on.

You can change it from abroad. You can tell another advocate to appear for you by filing noc from earlier advocate. If you need any consultation you can contact me through kaanoon

POA holder can change the lawyer 

you don’t need to visit India personally 

if your lawyer does not appear court can dismiss the case 

You can change your lawyer through your POA holder; you do not need to come to India. A lawyer can skip a few dates without consequence, but repeated absence—especially after a judge has warned or given “last opportunity”—can harm your case. Therefore, you should appoint a lawyer who actively attends or at least sends a proxy advocate on every date.

1)A No Objection Certificate (NOC) for changing advocates typically includes the client's and the case details, a statement from the previous advocate relinquishing their position, and their signature. The previous advocate does not need to mention the new advocate's name in the NOC, as the purpose is to confirm the original advocate has no objection to the client appointing someone new

2) noc has to be given by main advocate on record 

3) ask your lawyer to  draft   POA , take a print out  in india and send it you you for signature and get it attested before indian consulate abroad 

4)you can revoke earlier  POA  to avoid confusion 

5) it depnds upon pendency of cases and whether judge is fast in disposal of cases 

6) POA  should be present on each date 

Before you change the lawyer, you should collect all case documents from your previous advocate. These include: the complete set of pleadings (plaint, written statement, replications, interim applications), the entire court file copies, all your original documents that were handed over to him, photocopies that he used, case diary/notings if he maintained one, any filing receipts, any original exhibits and certified copies he obtained. Once you get these, you are independent and can change your lawyer safely.

The NOC (No Objection Certificate) is a very simple document. Your existing advocate does not have to name the new advocate. The NOC only states that he has no objection to your appointing another advocate in the case and that he is withdrawing from appearance. That is sufficient. If he insists on writing the new advocate’s name, that is also fine, but it is not legally mandatory.

If the case was handled by Senior Advocate “XXXX” in the USA and his junior “YYYY” at the native place, then the NOC has to be issued by whoever has filed the vakalatnama in court. If XXXX filed the vakalatnama, then the NOC must be issued in his name. His junior YYYY cannot issue NOC unless YYYY’s name is also officially filed in the vakalatnama. Therefore, first check who has signed and filed the vakalatnama. The person who filed it is the one who must give NOC.

Regarding preparing a new POA, preparing it in the Gulf is absolutely fine and usually much easier. You can draft your POA on ₹500 stamp paper equivalent in the Gulf country, get it notarised, witnessed and apostilled (if required), and bring it with you to India. It will then be stamped/adjudicated in India at the Collector’s office. This is a very smooth process. If the process is easier in the Gulf, you should prepare it there.

You also do not need to revoke the earlier POA unless you distrust that person. You may keep the earlier POA holder as a “back-up” and appoint the new POA holder as your primary authorised representative. Many clients have two POA holders. However, if you feel uncomfortable, you may revoke the earlier POA by issuing a revocation notice and filing the revocation in court. Revocation is optional.

About the number of hearings required for the title suit: a title suit normally passes through multiple stages—completion of pleadings, framing of issues, plaintiff evidence, cross-examination, defendant evidence, arguments and judgment. Even in a court where the judge is present regularly and the lawyers appear every date, a minimum of 15–25 hearings are normal. In some courts, the case can take 40–50 hearings. This depends on how much evidence is led and how many witnesses each side produces.

Your personal presence through POA will be required only during the following stages: when your evidence is filed through affidavit, your POA holder may need to sign or submit documents, and during cross-examination of your POA holder if he is the witness. Except for evidence stages, your POA holder can attend all other dates alone without any problem. You do not need to be present personally at any stage unless the judge specifically directs.

You should take your time and choose your new advocate carefully. Since your next date is in January 2026, you have enough time. First collect the NOC and full case papers. 

The exact dates can’t be specified. Only after entire evidence and arguments the order in the suit will be passed . POA presence is not required in all dates if adv is present 

1. You can ask the advocate to return the case bundle held by him and also endorse no objection to engage a different advocate.

2. An endorsement of no objection to engage a different lawyer on the blank vakalatnama form.

3. The advocate on record even if his junior is on the record can endorse no objection.

4. Since you are already been represented by a POA, his name will appear in the case papers, hence you may have to file a fresh affidavit to change the power agent replacing the previous one and seek permission of court by filing a fresh power of attorney deed. The fresh power of attorney deed can be prepared during your visit to India on the next hearing, until then you can continue with the present arrangements.

5. You have to revoke the previous power of attorney deed in order to replace the new power agent.

6. The stage of the case is not known, besides the time taken for disposal cannot be predicted owing to various factors involved in this.

7. It cannot be predicted.

The Power of attorney holder representing you in the case is authorised to change the Advocate on your behalf, hence he can himself obtain no objection from the present lawyer and can engage a different advocate on your behalf, of course on your instructions.

You don't have to be present in India for this purpose.

In a case entrusted to an advocate, it becomes his or her duty to regularly appear before the court on all dates of hearing either in person or through his office junior or requesting any other advocate to represent on his behalf on exceptional circumstances.

His presence in india is not necessary to give NOC 

he can send hard copy with his signature 

complaint has to be made to state bar council of state where case is filed 

If he doesn’t give you job you need to follow procedures and file new advocate vp without his noc

Your advocate has not discontinued the case, he is still on records and his junior is attending the case, hence it would be incorrect to demand return of  the fees paid to him.

If you are not satisfied with the performance of his junior then you can terminate the services and obtain NOC. 

You can demand the handing over of the case bundle. 

you can engage a new advocate and follow it up properly

You do not need to worry about the advocate being physically present in India to issue a No Objection Certificate (NOC). A vakalatnama belongs to the advocate who filed it, not to his assistant or chambers, so he alone must give the NOC. However, the rules allow him to sign and send the NOC from abroad.

He can simply print the NOC on plain paper, sign it, scan it and email/WhatsApp it to you. A scanned NOC with his signature is legally sufficient for filing a fresh vakalatnama. If the court requires the original, he can courier the hard copy from the USA. His physical presence is not mandatory. Many advocates practicing abroad regularly issue NOCs through email or courier, so this is a normal and accepted practice.

You should also collect all your case documents from his assistant. They are obligated to hand over your full file because it legally belongs to you. If they refuse, you may send a written notice by WhatsApp/email asking them to return the papers within 3 days; this creates a record of obstruction.

Regarding the advance fee you paid, unless there is a written agreement promising a refund, courts generally treat legal fees as non-refundable. However, if you can show clear deficiency, negligence or misconduct, you may take the following steps:

1. File a complaint before the State Bar Council (Bar Council of Gujarat if your cases are in Gujarat; otherwise the State Bar Council where the advocate is enrolled).

2. You may also approach the District Consumer Commission for deficiency in service, particularly since he stopped appearing, delegated work without supervision, and blocked communication.

3. If he still refuses to return your documents, a written complaint to the court where the case is pending will also help; the court may issue directions to return the documents.

You have adequate time before your next hearing in January 2026, so your priority should be:

Obtain the NOC (even by soft copy).

Collect your complete case files.

Engage a new advocate

Dear Querist,

Regarding the issue between you and your counsel, it will be better to settled the matter amicably with him. if you want to take legal action against him then first of all you have to read the terms and conditions of the vakalatnama (vakalat, Power) executed by you in his favour. Generally, it is mentioned in the terms and conditions of the vakalatnama that you are authorising him for the case and also agreed and accepted that he may assign your case to some of other associates, if these clauses are also available in your vakalatnama than you will lose your case against that counsel. 

• His presence in India is not mandatory; he can sign an NOC abroad, get it notarised if needed, and courier the original to India, or email a signed scan which your new lawyer may use as per local court practice.​

• Even if he does not give NOC, you can still change advocate by filing a new Vakalatnama and, if required, an application for discharge/change of counsel; courts cannot force you to continue with him.​​

• For unprofessional behaviour (refusing NOC, blocking you, not returning documents), you can file a written misconduct complaint with the State Bar Council where he is enrolled, attaching proofs of fees and communication.​

As your temporary injunction application has been rejected, there is currently no legal protection restraining either party’s actions. However, since you remain in actual possession of the flat and there is no adverse order directing you to hand over possession, you may continue to hold possession and allow the tenant to stay until the court decides ownership. You may also ask the tenant to vacate peacefully and lock the premises, but ensure it is voluntary and documented to avoid allegations of forcible dispossession. Your ex-wife, being the recorded owner, may approach the tenant or seek a fresh injunction to restrain you, therefore you should immediately file an appeal/revision against the TI rejection and seek a status quo order to protect your possession. Continue maintaining all financial records proving that the flat was purchased with your funds and rent has always been received by you, as these will be crucial in the ownership suit.

File an appeal (CMA) against rejection of TI and request status quo order to prevent sale or interference with possession until the Title Suit is decided. This will legally protect you and the tenant.