Sale of property
Naveen Kanth Dasari
(Querist) 06 September 2018
This query is : Resolved
Hello Experts,
I have a query regarding Sale of a Property and Let us assume the parties as XYZ.
A father (lets assume him as X) filed a suit for injunction on his son (lets assume him as Y) pertaining to a property stating that he has purchased the property with his earnings on his son Y's name (but he does not have any proofs of earnings) , however the son Y says that he was a bike mechanic since a very young age and whatever he used to earn he use to give his father and with his income the said property was purchased. Meanwhile before father X filing a suit for injunction against his own son Y, the son Y gifted the said property to his son Z which father X does not have knowledge about as such Z was not made a party in the Injunction Suit however father obtained a Status Quo order against Y in the Suit. Now as the matter is pending in the court Z wants to sell the property as he has some debts to clear.
1. Now my question is can Z sell the property as he is the owner & possessor of the said property and moreover he is not a party to the suit.
2. And as far as I am concerned the suit filed by X against Y is not maintainable as their is a Mis-joinder of parties.
3. And what consequence Z will face if he sells the property will he be booked under contempt of court.
Plz suggest.
Thank You.
Guest
(Expert) 07 September 2018
Assumptions or presumptions cannot help to solve your problem. Please discuss the problem, if you are really facing any.
Dr J C Vashista
(Expert) 07 September 2018
Consult a local prudent lawyer for proper analyses, guidance and proceeding, this site is not an algebra class.
Guest
(Expert) 07 September 2018
If facing the problem, what is the hitch in making proper description of the problem? Why the experts should me made to assume or presume hypothetically without discussion of the problem in a proper manner?
If you are so secretive not to discuss the real issue, better discuss the problem with some local lawyer by showing him the case related documents and get your problem solved to your satisfaction..
R.K Nanda
(Expert) 07 September 2018
Assumptions can't be replied.
Kumar Doab
(Expert) 07 September 2018
Z is restless and has debts to clear.
Take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, and approach a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Civil matters as in your case, and well versed with enactments, LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs on record ..
There are such very able counsels at each location.
Check for such counsels at LOCAL Civil Courts, HC, SC…
Kumar Doab
(Expert) 07 September 2018
If suitable/possible take Z with you.
