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Divith   01 July 2020

Advice

Hi Experts team, Can you please advice on this point? If there is a case pending in the court we being the defendants. Even though if there is a case in the court can we do transactions-like gifting the property to others or doing sale transactions? Generally I see many people do this-they do transactions even though if there is a case pending in court


Learning

 6 Replies

Adv Keches Shilwante (Partner @ Legal Biceps)     01 July 2020

No if there is status quo.A status quo order may be issued by a judge to prevent any of the parties involved in a dispute from taking any action until the matter can be resolved. It seeks to prevent harm or preserve the existing conditions, so that a party's position isn't prejudiced in the meantime until a resolution is reached.

1 Like

P. Venu (Advocate)     02 July 2020

Your advocate is the best person to give the proper suggestion.

Dr J C Vashista (Advocate)     03 July 2020

Is there any injunction passed against the defendant(s) for creating third party interest in the suit property ?

What is the opinion and advise of your lawyer who is well aware about the facts and circumstances of the case, an able, competent and intelligent enough to guide you ?

1 Like

Divith   03 July 2020

Hi Sir,

Thanks for the reply,

Sir i wanted to know in general-

Only if a case is filed-might be partition or something like that-Can we do transactions?

And for sure if there is injection order there is no scope to do any transactions

Dr J C Vashista (Advocate)     04 July 2020

Any law is applicable to the facts/ averments / pleadings of the case and not general.

Be specific with real facts and not a hypothetical story.

Sunayana Chhabra   04 July 2020

If there is no stay order from the court, then you can transact the property. Feel free to contact at sunayana122@gmail.com for further assistance.

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