In 2010,My uncle(plaintiff) had put a joint family property dispute against me and my father on 3 properties. First 2 properties was agricultural land which was in name of my father and third property is a residential plot which was in my name but gifted by my grandfather. Exparte temporary injuction was applied on these properties and later injuction was made absolute till disposal of this suit.To be clear order stated that"Temp injunction granted earlier is hereby made absolute till disposal of suit on merits". I wanted to gift the third property to my wife but could not as injunction Exparte prevailed. In 2014, court judgement came out and it ordered decree on first 2 property.Third property was safe.2 months Later we appealed in high court(RFA), where it ordered to call for records and put stay on decree. Now the question is at this stage, can i gift my third property to my wife ?Third property was not part of decree in lower court judgement.
Hi, Appeal is the continuation of the suit, though the partial judgement is in favour but you have prefer an appeal to the High Court during the pendency of the appeal it is not advisable to transfer the property by way of gift deed.
2. It is better you have to wait till disposal of the RFA.
If according to what you have said above, there is no stay operating against the 3rd property then you can go ahead and gift this property in favour of your wife.
If at all the stay as of now is operating against only 2 properties and not the third.
Since the Hon'ble High Court has stayed the decree covering only 2 properties it is open to you to make the Gift in favour of your wife.
1) once final judgement has been passed upholding gift deed executed by your grand father in your name you would be free to create third party rights in respect of said property
2) no appeal has been filed by your uncle against said decision of trial court
3) your appeal is against other 2 properties wherein court has directed that your uncle had a share in said properties
4) it is necessary to peruse orders passed by trial court and high court to advise further
5) go by our lawyer advice
The stay is only on the operation of the decree. It does not overthrow the injunction issued by the court. You cannot alienate the property during the pendency of the appeal. The property which was not covered by the decree can be sold unless the HC has ordered a stay.
1. There is a stay on the decree passed by the court lower and the said decree was for your first two properties,
2. You can safely gift the third property to your wife.
You can gifted the property any time.But the veracity of the document depends up on the final verdict of court orders . As per your query , you become the absolute owner of the property from the time of execution of gift deed in favour of you .If no one is challenged the ownership then also you become the absolute owner.your appeal is against other 2 properties so this property can be gifted
What is the judgement in respect of the third property?
If the third property was not subjected to any injunction thereafter and the property is free from the relief sought by the opposite party, you may transfer the property in favor of anyone whom you would like to transfer by gift deed or settlement deed.
If there is no appeal or restriction by any court of law, you may proceed as per your plans or proposed action.
it is advisable for you to wait till your appeal is disposed of
High court orders as follows-Order- Issue notice to respondents.Call for records. Order on IA no 1/2014 praying stay of judgement and decree passed on OS NO xx-Heard counsel for appelant. In the light of statements made in the affadavit accompanying application and reasons stated therein,stay the drawing up of final decree until further orders.Accordingly,IA No 1/2014 is allowed.
The matter has bee referred before high court and the high court has stayed the drawing of the final decree till further orders. It means the trial court has been restricted from drawing the final decree, therefore the case has not been disposed in the lower court, hence you may not sell the property or transfer it to your wife pending disposal of the case in the lower trial court.
The records are called to high court and Interim stay is granted
decree is passed only in respect of 2 properties and not the 3rd property . although you can execute gift deed it is better to play safe and wait for disposal of appeal
The decree has been stayed by the HC. So unless the stay is vacated status quo will prevail.