Your aunt has to amend the plaint and seek orders to set aside sale deed by uncle executed subsequent to stay order passed by court
Cancellation of sale deed of land after injunction
Sir, my ancestral land was divided into my father and his two brother through their mutual consent and they got mutation of the land on their own name in 1987. After the division, my father cousin sister filed a suit for her share of 50% in whole land as my grand father were two brother. from one, there are three son eg. my father and two uncle. from another cousing grandfather, there was only one sister means my buaa who filed his share of 50 % in whole land. court accepted his petition and imposed injuction in whole land and kept whole land under title suit. my one uncle has sold one of his land to a person after the injuction. the sold land was on his own name which he got mutual division between his brother before injuction. the purchaser had tried many times to get mutation the purchased land but I have raised objection as land has been sold after injuction. his case for mutation has been rejected from DCLR. now he is trying to grab the land on the basis of registry deed. However the case of title suit is still under court. I would like to know the following: a) what is the way to get cancelled the registry deed of sold land legally which has been sold by my uncle which was on his own name but sold after imposing injuction of whole land being under title suit as case already been filed by my cousin buaa for her share.
Asked 8 years ago in Property Law
Religion: Hindu
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7 Answers
1. The sale of land, despite the injunction ordered by the civil court, amounts to contempt of court. However, contempt proceedings will not result in cancellation of the sale deed. To cancel the sale deed a separate suit for cancellation of sale deed will have to be filed by the aggrieved person against the seller and buyer.
2. If the possession has not been delivered to the buyer then he can be restrained through temporary injunction from taking it,
You have ti file a suit for declaration and injunction.
If you could the allegations as made herein in the court also then only your suit would succeed and would get you the necessary relief.
However after so many years passed in the meantime I do not find it great idea to file such suit now.
In follow up sir, I would like to know that out of my two uncle, one has died. if my father and uncle accept this fact in the court that my bua is their cousin sister and is eligible for 50% sharing of whole property then what will happen. I just mean that will all the proceedings and case will be closed by court as we are ready to give her sharing in order to close the case on the ground of conciliation . One thing more, my uncle has already submitted earlier that my aunt is his real sister not his cousin sister but now he is ready to change is statement in the witness box. overall I want to just close the case and get cancelled all the sale deed exeucated after injunction.
Asked 8 years ago
a) what is the way to get cancelled the registry deed of sold land legally which has been sold by my uncle which was on his own name but sold after imposing injuction of whole land being under title suit as case already been filed by my cousin buaa for her share.
Selling or alienation of property under dispute especially when there is an injunction on it and is currently effective, then a contempt petition can be filed against your uncle who sold it without obeying the court order.
The affected party may file a contempt of court petition against the uncle who sold it and let him face the music of law accordingly.
Out of court compromise settlement and an amicable solution to the property dispute is always welcomed by court hence you can go ahead with your proposal.
For cancellation of the sale deed you may have to file a separate suit impleading the parties to the sale deed.
1) you can file consent terms in court
2) in consent terms it should be mentioned that plaintiff would be entitled to 50 per cent share in property
3) deed of cancellation of sale deed would be executed by the parties
4) on consent terms being filed suit would be disposed of
1. Without perusing the pleadings and the issues framed by the court it is not possible to answer your query.
2. Any statement contrary to the pleadings will always favour the opposite side.
3. Consult a lawyer with complete facts and copies of pleadings.