what is applicable
rk
(Querist) 15 September 2009
This query is : Resolved
if a flat is sold by A to c , nothing is mentioned during trial court proceeding and order has come after 10 year awarding to b,
case was orginal case was fought between a and b
for said property
What is in effect ? or is applicable ?riven
Raj Kumar Makkad
(Expert) 15 September 2009
You please explain all the facts of the trial case and decision and thereafter specific quarry enabling all of us to reply properly and accurately.riven
Adinath@Avinash Patil
(Expert) 15 September 2009
RK,
You have to give all details of your case for answer your your query.Is there any document betwween A & C.What is relation between A & B.riven
charudureja
(Expert) 15 September 2009
Yes please write the facts in detail so that a proper advice be given in ur caseriven
rk
(Querist) 16 September 2009
There are three parties
a, b, c , d
a- dead
b- legal wife
c - claiming to be legal wife
d - unknown entity hired by c to create nusance disturb a posssesion
case is of property left behind inestate
b has won the case of legal hiership and property, but suddenly discovers that c has sold a flat to d, before court case had started
After 10 years, suddenly d is born claiming to be owner of flat thru c
Where does b stand with order and decree in her favour by trial court ?
Pl adviseriven
Kiran Kumar
(Expert) 16 September 2009
the sale in fact is hit by the doctrine of lis pendens.
d can not be a legal owner.
i dont know what kind of suit u filed earlier whether for possession or it was of declaration.
u file execution of the decree, if u r already in possession then need not to worry, during execution she will make her objections at that time the issue will be decided.
if u r not in possession and have not demanded it yet in addition to declaration then u ll ve to file another suit for possession.
u can even challenge the sale deed in favour of d.
a lot of options are available, better visit some local lawyer.riven
rk
(Querist) 14 October 2009
hi,
i am looking for lawyer who handles soc realted issues and can do needful in new mumbai area
Tia,
Sarvesh Kumar Sharma Advocate
(Expert) 16 September 2009
