I'm based in the UK. I have a property case running in Haryana (it's a HUDA property) in which I have a stay order. Huda has been sent a letter advising them of the stay order plus a copy of the order. My copy of the letter has now been stamped by Huda with a diary number and date. However, when I look at the property details on Huda Plot Enquiry (online), under the section 'Under Court Case' it states 'NO'. Please can you advise how I can be absolutely sure that Huda and Registry office have registered the stay order and notified the relevant authorities?
The HUDA computer programmer might not have updated the status of the court case.
The authorities might not have instructed the staff about this.
As you have a court stay order in your favor, you can very well proceed against them with a contempt of court if they violate the court order.
File RTI application with HUDA as to whether stay order has been noted by HUDA in its records
2) section 52 of transfer of property act
prohibits transfer during the pendency of the suit. This protects the plaintiff to the extent that if any sale or transfer of title is made during the pendency of the suit, then any such action will be invalidated and the purchaser shall become bound by the result of the litigation
- Since, the court has passed Stay order in the said property case in favor of you, then the HUDA is under obligation to comply the said order of the Court, and cannot transfer the said property due to the Stay order.
- You can send a notice to the HUDA with the copy of that order , and mention therein to update the property details in its website.
- Further, if no updated then file a contempt petition before the same Court .
Dear Client,
If the online status still shows “NO” under “Under Court Case,” you may need to follow up with the relevant HUDA office. The online records might not be updated immediately, and direct communication with the office handling your case will provide more accurate information. You can submit a formal request to HUDA and the Registry office, asking for written confirmation that the stay order has been recorded and the relevant departments have been notified. You can also file an RTI application with HUDA and the Registry office, asking for information on whether the stay order has been registered in their records and what actions have been taken pursuant to the court order. After that if you find non- compliance, you may have grounds to file a contempt of court petition against them. Should you require any further clarification, please do not hesitate to contact us.
1. The said stay order is for staying what?
2. You shall have to ascertain whether the act of HUDA upon which the stay order has been issued, has been stopped by HUDA or not.
3. Since the property was under litigation which was within the knowledge of HUDA, they were not supposed to show the status of the property as Under no Court Case even without your receiving the stay order.
4. HUDA has already acknowledged the receipt of the copy of the Stay Order and they or the Registry Office are not required to register the said stay order.
5. However, you should write to HUDA for changing the status of the property stating that it is under litigation.
It is the duty of party that obtains stay order to intimate all authorities of the stay order of the suit property. You are the beneficiary of the stay order. You should inform all with a copy of order with covering letter about the stay order so that the property is protected till the disposal of cases.
कानूनी नोटिस संबधित को भेजा जावे.
Need to file rti application and get the information
This property was inherited by a foreign citizen and then gifted to someone and then sold to the current owner and monies were transferred out of the country to the UK. No prior RBI permission was sought when it was inherited and none was sought to gift or to sell . Could you please explain what penalties there are in place by RBI or the Indian government or court if no RBI permission was sought? What are the penalties for the foreigner? And what are the penalties for the person who eventually bought it ie the current owner?
Foreigner can gift inherited property to Indian resident
no RBI permission is necessary
If proved illegally bought by the present owner, his deed of conveyance will be considered as invalid.
Once the property was inherited by the foreigner, it becomes his own and absolute property, he can sell or can transfer it by a gift deed to any person of his choice, there is no illegality in it neither he requires permission from RBI for doing this act nor the RBI has any restriction towards such transfer of immovable property.
Now the resident Indian has sold the property to a third person by a registered sale deed, which is normal course of a legal transaction and until and unless somebody plays a fraud in this, then there is n legal infirmity in this transaction too.
As far as the money transferred to foreign country, it is a different subject. According to the Reserve Bank of India (RBI), Indian citizens can transfer up to $250,000 per financial year to a foreign account under the Liberalised Remittance Scheme (LRS). This limit applies to all resident individuals, including minors.
Thus there is no illegality is observed as per your contents in any of the said transactions.
- Better option is to return the said property by way of registered gift deed in the name of any relative in India
- You can approach the RBI for getting the accurate information.
Person A illegally inherited a property and gifted to Person B. A court case was initiated in April 2021. In July 2021 the property was sold to Person C and then in April 2022 was joined to the proceedings. In January 2024 Person B filed a civil revision application challenging an order made by District Court Judge (the judge rejected his application Order 7 Rule 11 in March 2022). Can he challenge such an older order? And does he locus standi if the property was sold to Person C in 2021? 3 applications have been decided by the District Court in that time. Should they have been heard?
It is necessary to peruse various orders passed by court to advice
revision application appears to be barred by limitation
A foreigner need not obtain permission from RBi to inherit the property in India, hence such inheritance cannot be considered as illegal or invalid.
By just filing a suit, the property owner will not be restricted to transfer the property by a sale deed in favor of the buyer. If there was no order by any court of law restraining the seller to sell the property then this sale cannot be considered as an illegal act.
How come the application filed in Jan-2024 was rejected on 11.3.2022?, is it 11.03.2024, if so the aggrieved person can file a civil revision petition against the aggrieved order, if at all he really finds any good ground for revision.
If either of the party is aggrieved by the court's decision may have the opinion of their respective advocate to proceed with appeal/revision before appellate court or high court.
- The limitation for challenging the said order is already expired , and after a period of 2 years the condonation of delay application will also not maintainable.
- Since, the person B has purchased the property from A , then he has his right to file cases against A , However if the property he has sold to person C then he loose his right.
Dear Client,
From the facts stated in the case, it would appear that Person B’s application for the civil revision of the March 2022 order of the District Court has significant chance of being dismissed for several reasons. Firstly, the application is time-barred for the reason that it was filed in January 2024, whereas according to Section 115 CPC the statement of such reasons may be filed only within ninety days from the date of receiving the petition. Secondly, revisions against older orders are not normally sustainable. Thirdly, Person B has no standing to sue since the property was sold to Person C in July 2021 and therefore doesn’t have any legal interest in the property. Based on the above-discussed factors, Person B should avoid applying for revision and contact a legal attorney for other remedies depending on the case’s circumstances.
Hope you find this answer satisfactory.