How to stop sub register from doing sale deed when case pending
Partition suit is failed by my father and got Statues quo in 2012. Now my brother father and mother are trying to sell the land to third party. I requested sub register that there is a case in court about partition and not to proceed with registration of sale dead or agreement of sale dead. He is refusing my request. As third party buyer is a goon who is offering huge amount to register and trying to pressure him from political leaders to proceed with registration. Land is in my position though it stands on my mother name. My brother and Third party intention is to disposition me from that land and take money before case is disposed.
I have asked my lawyer. He says he can't do anything to stop registration and we can't get any injection from court against sub register. Please help me in this regards.
Asked 1 year ago in Property Law from Gulbarga, Karnataka
It is not possible to do anything until and unless your brothers father and mother actually sells it to anyone. If by any chance they flout the order of the Court and dispose of the Land only then you can take an appropriate action. Also since you are in the possession of the land no one throw you out of the land, if in any case you feel threatened, you can approach the nearest police station for security purposes.
Thanks and Regards
Advocate, New Delhi
1)once status quo order has been passed if your family members seek to sell the property it would be contempt of court
2) you can certainly take out an urgent application before court and seek stay from court against your family members selling their share in property
A. Did you get any order from the Court towards the not to alienate of property under the injunction by filing an application under Order 39 Rule 1 of CPC at the time of Suit? if yes, the you can stop by execution of this order else it is not possible.
B. Now, you can file the above said interim application before the court with respect to the same.
C. Don't worry, even if the Court not passed any injunction order that the parties who is involved in the suit must liable to the final court order and the purchaser of disputed property must return the same land to share holder after the judgement. The purchaser has reserved the right to claim over consideration amount from your brother father and mother.
Unless there is an injunction passed by the civil court directing the sub-registrar to not to register the sale deed the latter is bound to register it. You should file a suit for injunction and seek temporary injunction from the court by filing an I.A under Order 39 rule 1&2.
All your Ans helped me a lot and I am feeling comfortable. Thanks a lot.
Q 1)Can you please provide any ruling where court is granted Injunction to sub-register/register not to proceed further with registration, when the property is in dispute and suit is pending in the court.
This will help me to convince my lawyer to apply for injunction along with this precedent (case law)
Q 2) Can I request court that in case if Registration of property happens during the pending of the case, it will take considerable amount of time and money to cancel sale deed?
I have another question
Q 3)During this time. I applied for electricity connection from Gulbarga electricity board (North Karnataka electricity board). JE/AE has refused to give connection because, my brother has given application not provide electricity connection because land is in dispute and its in mother's name. My land agriculture land and it is in city limits. Due to not having electricity connection it is becoming very difficult to do any cultivation on the land.
Asked 12 months ago
1) sub registrar is not party to the suit proceedings
2) injunction should be sought against family members selling the property
3) in order to avoid multiplicity of proceedings court can grant injunction
The registrar should have been impleaded as a party to the suit for seeking relief of injunction agaisnt him restraining him from registering or allowing any encumbrance on the property till the disposal of suit.
Even now you can file an application before the concerned court seeking the relief of injunction agaisnt the registrar by convincing the court about the proposed alienation of the property by your father .
The pleadings in the IA seeking relief of injunction may be drafted on the lines you have mentioned.
You can issue a legal notice against the JE and can file a suit against him or can file an application in the same suit impleading the JE for seeking the proposed relief from him.
1. Look it is difficult to find rulings as this is a time consuming process, your lawyer can do this himself. However, I have myself appeared in many cases where injunction was issued to prevent the registrar from registering the sale deed, so this is nothing extraordinary,
2. Temporary injunction to restrain the execution of sale deed can be issued by the court if you can prove that you will suffer irreparable damage.
To get the electricity connection a suit for mandatory injunction is required to be filed against the electricity board.