Need clarification on few things
Vijjay
(Querist) 03 April 2013
This query is : Resolved
Hello,
My father has filled a case in the civil court against me and my mother asking to be permitted inside the house in 2010. This case is still pending in the court, Just to give a back ground on it.
The property was on my mother’s name and recently 6-7 yrs back she gifted the property to me(Son). Due to the influence of bad company of other ladies, my father started to quarrel and get in to a fight. He wants 50% percent of the property share for him. He was employed a mason and had not put any major efforts in getting the property. At the time of buying the property my mom was working in a social welfare office.
Recently my father has filled for a maintaince from me and also filled a divorce case against my mother stating he wants to live together.
My Question is : Just because in the first case, court has ordered to maintain a Status CO, He comes home once in a while and fights and creates a bad environment and we are not able to stop him from coming inside the home. I know the case is not on the property he has just asked for an injection to be allowed inside the home. If we sell the property will it have any problem on us. Please advice!!!
The Status CO which was issued in the case in 2010 has not been extended. The case is still in proof submission stage and arugment is yet to start.
Do we need to inform the buyer about the case. As this is not a property case.Nothing is mentioned in the case that the property should not be sold.He had stated he was living in the house and now he is not allowed in side. So had requested to be allowed inside the home. And the court at the time of filing a cases had stated to maintain the status CO. What steps needs to be taken so that we do not face any more issues from my Dad after selling the preporty.
Thanks
prabhakar singh
(Expert) 03 April 2013
If court has not passed any order restraining you from sale you can make a sale provided you get a buyer whose right would be subject to final decision in the suit.In case injnction not to sale is passed and you make a sale,your father can ask court to punish you under order 39 rule 2A of C.P.C.which provides civil jail and fine.
Adv k . mahesh
(Expert) 03 April 2013
yes it may create a legal problem once the suit is decided
R.K Nanda
(Expert) 03 April 2013
no more to add.
Devajyoti Barman
(Expert) 03 April 2013
If there is no restraint order in the kind of injunction, then you can surely sell the land. However after passing of decree the buyer would be bond by the effect of the decree.
Raj Kumar Makkad
(Expert) 03 April 2013
The matter of property or its ownership is not under litigation so you are very well entitled to dispose off it as per your whims and wishes and even final decree shall not affect your status in any way including the buyer. The case shall become infructuous after your sale and the same shall be dismissed accordingly.
