My father wrote a settlement deed for 4 properties properly registered. After 6 months under my sisters undue influence he went to the subregistrars office and got it cancelled unilaterally and wrote a settlement deed to my sister for all the properties.. i filed a case in munsif court for title declaration and declaration of the cancellation deed as null and void. But the case was dismissed in the lower court. i went for appeal to the subcourt. as the appeal suit was live the opposite party my sister sold two of the properties and one buyer started building a house in one of the property. She is also trying to sell the other two properties. what should i do to stop the construction in one property, stop the second buyer from starting construction, and stop the other two properties from selling. My lawyer says to file a temporary stay petition and implead both the buyers in the existing appeal suit but we cannot go forward with arguments till then. My friends relative says to file a seperate suit leaving the appeal suit as it is in the arguments stage
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1) You must add the buyers as "party respondents" in your appeal. Since they purchased the property during a pending lawsuit (Lis Pendens), they are bound by the final court decision
2)Application for Temporary Injunction (Order 39, Rules 1 & 2 of CPC): you
must make out a case that cancellation of settlement deed is illegal seek stay order restraining further sake and for setting aside sale of property
It is not clear whether the properties in dispute are self-earned assets of your father. Assuming them to be so, your father was well within his rights to cancel the earlier settlement and write a fresh one in favour of anyone of his choice. In that case, you cannot legally challenge it with any success. An ancestral property is one which has been in common possession and enjoyment of all co-owners continuously for four generations and has not been divided by any partition. Please provide all the relevant facts to get a proper advice.
You cannot stop her from alienating the property in any manner until there's a stay order by court restraining her from doing so.
Filing a fresh suit on the same cause of action is barred by law of res judicata hence you cannot file a fresh suit also.
You may have to pursue the appeal properly.
