jayantha 07 November 2020
P. Venu (Advocate) 07 November 2020
Is it a stay or a temporary injunction?
Moreover, in a subjudice matter, it is always the best option to seek the advice of your advocate.
G.L.N. Prasad (Retired employee.) 07 November 2020
Always trust your advocate, who is aware of your chances to win the case as facts/law matter most. Though it can be alienated, it is subject to final verdict of the Court. However stating facts while giving for lease or for alienation is a better option, as the seller should inform facts to save himself from allegations of fraud. Most of the unscrupulous buyers hunt for these kinds of sales agreeing to fight in courts having confidence in their influence.
jayantha 07 November 2020
Sridaran Ganapathysubramanian 07 November 2020
jayantha 07 November 2020
Dr J C Vashista (Advocate) 08 November 2020
Originally posted by : jayantha | ||
court has given stay not to alienate the schedule property against defendantBut stay has not extendedCan I alienate my property now?leasing my property becomes alienation? |
What is the subject of suit ?
The defendant is liable to be prosecuted under order XXXIX Rule 2A CPC if he is alienating the property where the Court has directed an injunction restraining defendant.
Doctrine of lis pendence is applicable.
jayantha 08 November 2020
Dr J C Vashista (Advocate) 08 November 2020
Either get the injunction vacated or seek permission of the Court through your counsel.
Leasing is alieniation.
jaya pradha (Standing Counsel for Adoption matters WD & CW State of Telengana) 09 November 2020