Has any court orders been passed restraining you from selling the flat ?
If so it amounts that contempt of court and you have acted in violation of court orders
Any sale made you would be subject to final decision of the suit
Property sold pending civil suit
I was gifted a plot by way of registered gift deed in 2004. Due to some family issues my brothers convinced my father and he filed a criminal case in 2010 that I forged the gift deed . Documents were sent to Forensic Lab and report was filed by the police that the document was not forged and the case was closed . My brothers then made my father to unilaterally cancel the Gift deed by way of a Cancellation deed without any notice to me in 2012. In 2013 I filed a civil suit for simple Injunction and got an interim order in my favor. The suit is now in the final Arguments stage but my brothers and father are avoiding the case and their lawyer too is not attending the case . In the meanwhile in August 2016 I sold away the plot by way of a Sale deed even though there was a cancellation deed as I was told that executing a unilateral Cancellation of a gift deed is void and illegal. The Sub Registrar took some extra amount and the Sale Deed was registered. Now my brothers and father came to know of this and are threatening me that if I do not pay them some amount form the proceeds of the Sale they will go to court against me . My question is can they file any Criminal or Civil case against me now.They are threatening me that they will get me arrested as I sold the Plot pending the Simple Injunction Suit against them. Please advice.
Asked 8 years ago in Property Law
Religion: Christian
8 Answers
There is no order restraining me form selling the Plot . In fact I have an Injunction against my brothers and Father in my favour which I mentioned in my question . The order says they cannot interfere with my possession of the Plot. Can they legally proceed against me either civil or criminal ? Please Advice .
Asked 8 years ago
If there is no injunction restraining you from selling the flat you are at liberty to sell the flat but any sale would be subject to suit outcome
2) no criminal case is maintainable against you
If the order was of status quo qua possession then you cannot alienate the property or create any third party interest .. If the order was of restraining your brother and father , then you can alienate the property.. 2) the way out is , you withdraw your case and let them take civil or criminal action .. When the case will be withdrawn the order of stay automatically stands cancelled
Hi
1) Surprising your father has filed a case that too after 8 years of him gifting the property.
2) Also surprising that your father is claiming ownership by virtue of cancellation of gift deed as unilateral cancellation of gift deed is Null and Void.
3) You are the owner of the said property in accordance to law and definitely you will win your case.
4) However, Technically, you are not supposed to sell the property when the case is pending.
5) More so when there is no interim order against you in the said case, then there is no criminality in you selling the property.
6) In fact there is no criminality in you selling the property when the case is pending and if your father claims that you have sold the property during pendancy of suit, it will be a direct admission of your father that you are the owner of the property and in fact if your father raises the point before the court, he will Lose his case straight away.
7) The outcome of your case will bind the person who had purchased the property from you.
8) So if at all a person can proceed against you by way of filing of civil / criminal suit, it is only the buyer who can file a criminal and civil suit against you.
9) Assuming you have informed your buyer about the pending suit prior to him buying the property, then the buyer also cannot sue you either under criminal or civil laws.
Hope this information is useful.
1. The mere filing of the suit does not preclude the owner from selling the property. Unless injunction is ordered the property can be alienated. However, the alienation is subject to the outcome of the case under section 53 of Transfer of Property Act.
2. The alienation can also be challenged through a separate civil suit for declaration of the sale deed as illegal.
3. No offence has been committed by you as there was no injunction to restrain you from alienating the property, consequently no criminal case can be filed.
Hello,
Section 52 of the transfer of property act puts a strict restriction on selling a land which is pending litigation.
Also, it may be noticed that they can obviously go to the court, because if order of the court finally comes against you then it will be a problem for you.
Regards
They cannot lodge any criminal case for selling the property during pending litigation.
They can implead the purchaser as a party to suit seeking relief against him also.
They cannot proceed agaisnt you through criminal laws but they may file a petition under order 1 rule 10 cpc for impleading the purchaser as a petty to the suit as he purchased the property during pendency of the civil suit