• Selling property when injunction is in my favour

My Father executed a Gift Deed of 250 square yards plot in my favour in 2005 . I then went and regularised the Plot in 2008 by paying huge amounts to the Urban Land Ceiling Authorities and later on to the Municipal Authorities to regularise the Plot in the LRS (layout regularisation scheme).
In 2009 my brother influenced my father and he filed a crimonal case against me that I forged his signature and got the gift deed registered . The police sent the gift deed to FSL and the report was submitted in court and the case was closed saying its a false complaint / case .

In 2012 my father again under the influence of my brother got the gift deed UNILATERALLY cancelled by registering a Cancellation deed of the Gift deed where in my father stated that he is cancelling the gift deed as I am not taking acre of him in his old age in spite of him gifting a valuable plot to me .

I then went to court in 2012 filing a suit for Perpetual Injunction and got an interim Injunction order against my father and  brother not to interfere and not to alienate the property during pendency of the case . Since then they are avoiding the case and not appearing in court so the case is pending since 2012 .

My question is with the Injunction in my favour and me being the Petitioner can I sell the property now during pendency of the case . I am told that I can withdraw the case and then sell the property or sell the property and implead the buyer as a party so the final decree of Perpetual Injunction will be in his favour . And yes I have the Sub Registrar ready to register a sale deed as he says that the cancellation deed executed by my father is void .
Asked 7 months ago in Civil Law from Secunderabad, Telangana
1) father cannot unilaterally execute deed of cancellation 

2) once gift deed has been executed duly dtamped and regd yiu would be absolute owner of property 

3) you ought to have moved court to set aside deed of cancellation executed by father unilaterally . 

4) it is doubtful you would find a buyer for  the property during pendency of your court case 

5) you would not get full market price of your property 

6) avoid selling property now 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
1. A gift deed cannot be unilaterally cancelled after it has been executed as the transfer of title is instantaneous. Your father ought to have filed a suit for cancellation of the gift deed in the civil court. 

2. If they are not appearing in the court then ex parte proceedings will be initiated by the court sooner or later.

3. Unless there is an injunction to restrain you from selling the property you are free to sell it. 
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1) if an advocate is willing to purchase the property and you don't mind selling below  market rate go ahead 

2) no criminal case is maintainable 

3) once you sell the property purchaser steps into your shoes and buyer will continue the case 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
Hi 
Go ahead and sell the property as your father's cancellation deed is void. 

Ideally he should have executed the cancellation deed within 3 years.. As such you will win the case very easily. 

Since your father and brother are aware that they will lose the case, they have been avoiding the court proceedings and delaying the procedure. 

Moreover since the buyer is an advocate, he can take care of the litigation procedure from hereafter. 

Absolutely no worries. go ahead and sell.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Injunction was filed by you and not them. So unless there is an injunction against you the property may be sold by you. The suit is not required to be withdrawn after the sale. To recover the possession from your buyer they will have to proceed against him in the civil court.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
My question is with the Injunction in my favour and me being the Petitioner can I sell the property now during pendency of the case . I am told that I can withdraw the case and then sell the property or sell the property and implead the buyer as a party so the final decree of Perpetual Injunction will be in his favour . And yes I have the Sub Registrar ready to register a sale deed as he says that the cancellation deed executed by my father is void .

The unilateral cancellation by your father is invalid and void in the eyes of law. 
Since you only filed the case, it will be better that you withdraw the case and then go for selling the property.
Let the opponents file any case subsequently which can be challenged accordingly.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
so can I go ahead and sell the property . Can they file any criminal case against me for selling the property pending the Injunction suit which was filed by me ?
Should I withdraw the suit after selling the property ? Can they interfere with the possession of my buyer later on ? What happens to the suit filed by me once I sell the property ?

As far as the property is concerned you are the absolute owner and have a marketable title to the property.
Since there is no injunction agaisnt you by any court  for selling this property, you may go ahead with the proposed disposal/alienation of the property.
Your father or brother cannot go to police because this is not a criminal matter.  Before that you may withdraw the suit.
After selling the property, if the opponents create problem, the buyer will take care of them. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

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