Registry during pendency of probet case
singh kkkkkkk ssssssssss
(Querist) 13 May 2012
This query is : Resolved
My grandfather has left a registered will. One of his sons challenged the will as a result of the other two have approached the court for probet in 1992. The court has passed an injunction order prohibiting either of the parties from making a sale deed duing the pendency of case. Meanwgile the defendent in the aforesaid case has registered the land in the name of some powerful people.A disobedience case has already been filed in the court. Now my question is, should the applicants make those against whose name the land is registerd a party in the aforesaid case?
Section 146 has already been enforced to avoid any occupancy in the land.
Adv.R.P.Chugh
(Expert) 13 May 2012
Dear Mr.Singh,
CERTAINLY NOT - Infact you should oppose tooth and nail any attempt by them to be impleaded, for the following reasons :-
1. There are lis pendens transferees whose title depends on the result of the present litigation, when they knowingly have introduced their interest in a property already in litigation without good faith.
2. If you win the case any semblance of a right that they have automatically falls to the ground, and their remedy if any is only against the defendant.
Feel free to talk !
ajay sethi
(Expert) 13 May 2012
i preusme you have taken out an application for contempt of court against defendan s. in the contempt of court application notice will have to be served on defendants and alleged buyer .
Shonee Kapoor
(Expert) 14 May 2012
I agree with the experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
