Injunction suit
Naveen Kanth Dasari
(Querist) 27 March 2018
This query is : Resolved
Hello Experts,
I have a query regarding Injunction Suit.
An open plot was purchased by Grand father on his Grand Son's name when he was 13 years of age and since then the property is on his name. At present the Grand Son is 50 years of age and even no construction is made on the open plot until now, however the father of the son has filed a Suit for Perpetual Injunction against the son claiming that he purchased the property out of his own earnings and not the Grandfather. The father had also filed 3 interim injunctions against the son for not to alienate the property, not to interfere with the peaceful possession over the property and not to alter physical features of the property pending disposal of the main suit and obtained a Status Quo order in one of the interim injunction pertaining to not to alienate the property.
However the actual facts of the case are that the father along with his 3rd son sold the property in February 2016 to his own daughter by forging the signature of the 1st son(the actual owner), and the 3rd son mislead and represented before the Sub-registrar that he is the actual owner, meanwhile the same came to the knowledge of the 1st son and after lot of hue cry made by the 1st son, the 3rd son again executed a cancellation deed in July 2017 pertaining to the Sale made in February 2016 stating that the Vendee did not oblige to the terms and conditions for the sale consideration and has not given the physical possession to the Vendee as he has not received the sale consideration from the Vendee. Further in September 2017 the 1st son after the cancellation of the sale deed to safeguard his property has executed a Gift Settlement Deed in favour of his own son and even the son has executed a Deed of Development cum irrevocable GPA to a third party for development of the property in December 2017.
Now my query is whether the suit for perpetual injunction is maintainable as the actual owner is the 1st son and by illegal means the father, 3rd son & daughter a executed a sale deed by forging the signature(signature is completely different from the true owners signature) and misrepresenting before the Sub-Registrar that the 3rd son is the owner and will the court pass orders for interim injunction in favour of the wrong doers even if actual facts are brought before the court. However the 1st son has not filed any criminal case against them as they are his blood relatives.
Plz need your advice as a counter and WS has to filed in this case.
Thank You
rajeev sharma
(Expert) 28 March 2018
Mr Dasari , we cannot advise you on the WS and Counter Affidavit without going through the contents of plaint. you have stated that the ale deed executed by father 3rd son in favour of daughter has already been cancelled by a cancellation deed then they may not rely on that . Acoording to Benami properties Act the owner whose name is in the title document is ddemed the real owner of the property and no one may subsequently challenge his title on the ground that the purchase money was paid by him.
Dr J C Vashista
(Expert) 29 March 2018
Title of grandson is perfect accordingly the suit filed by his father is not maintainable.
Besides criminal complaint for forging signatures and impersonation (before SR) the grandson (owner) must file a suit for cancellation of sale deed executed by father in favour of his daughter.
