Injunction
Querist :
Anonymous
(Querist) 14 December 2011
This query is : Resolved
Hi. Thank you for all those who promptly replied on "Sub: Cancellation of Gift Deed".
The second issue is after cancelling the Gift Deed they (my father's brothers) had put a case of Injunction which got dismissed on grounds of the High Courts order on the Writ Petition that we had put for the Cancellation of Gift Deed (i.e. the final judgement will given later but mean time there should be no 3rd party creation and the property should not be leased, mortgaged or sold, etc...)
Now we have put our Injunction which is under trial. I need to know what does this Injunction mean?
And secondly since all the necessary documents are under our name (i.e. Property Tax, Water Tax, Electricity, Ration Card, Election Card) can they get Injunction and on what grounds can they get Injunction?
Kindly advise.
Devajyoti Barman
(Expert) 14 December 2011
Now the trail would proceed.
In the context of overwhelming documents in your favour, the other party is unlikely to see any result in their favour.
Raj Kumar Makkad
(Expert) 14 December 2011
You should put your subsequent query in the same thread so that everyone may come to proper facts necessary for accurate reply.
Querist :
Anonymous
(Querist) 15 December 2011
Sorry Mr. Makkad & Mr. Singh for not putting the previous query with the above question, here is the subsequent query for your persual. "Hi. My father was gifted a property by his elder brother in July, 2006. And in November, 2010 the gift deed was cancelled unilaterally. We had no idea how it got cancelled. Mutation of name in the Electricity Department, Property Tax & Water Department was done by us long back. We also have Ration Card in our name. Then we filed a Writ Petition in the High Court, questioning how can a registered gift deed be cancelled unilaterally by the registrar. The judgement is pending. Need to know, what the law says. Are we going to win the case?"
Kindly advise.
prabhakar singh
(Expert) 18 December 2011
Legally speaking a gift deed can not be cancelled by any deed of cancellation unilaterally by the donor because he remains none of the property after he makes the gift.
Querist :
Anonymous
(Querist) 19 December 2011
Hi. Mr. Singh. Now the scene is such that they filed an Injunction case, which after running for some months got dismissed on the grounds of High Courts order of not creating any 3rd party rights (Sell, Rent, Lease, Mortagage, etc.). Then they filed an appeal of the same case, which has not yet started.
Later, we filed an Injunction and its trial is going on now. I have thee queries here;
1. If their Injunction is dismissed, then why should we fight for injunction. They by losing Injunction should mean that we get Injunction.
2. The Property Tax, Electricity meters, Water Tax is all under our name. Is this not enough to get Injunction in our favour.
3. Do you think we will win this case?
prabhakar singh
(Expert) 19 December 2011
1.True there was no need of any suit on your part but as it has been filed you should get it decreed to avoid unforeseeable future complications.
2. you are right.
3.i have a bonafide hope looking on merit.
Querist :
Anonymous
(Querist) 19 December 2011
Thank you Mr. Singh. God bless you Sir.
