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Prasanthi Nagar   26 June 2021

Partition dispute query

Respected advocates,

My father had filed partition suite and got injunction order on joint property owned by my late grandfather, his younger brothers are possessing the property, they appointed advocate but not replied yet to my suite in court.
now i heard his brothers trying to sell the property for cheaper price and they want to cash as much as possible. I bought this to my lawyer notice and asked him to file petition in court to order register office to zero the property so tht it cannot be registered but instead he sent the injunction order and partition suite copy to register office and requested to don't take registrations.

but I learned there are litigations where properties are getting registerd in other places and they are not shown in my native register office EC and register office doing registrations since court not ordered register office to stop registration on the said property.

my query is how can I stop them selling the property and what action to take so that register office won't do any registration on that land, my adv already sent injunction copy to register office but it won't stop them to stop registration.


Regards,
lishanth


Learning

 8 Replies

G.L.N. Prasad (Retired employee.)     26 June 2021

The important point to be stated for further guidance: "Whether the stay order or status quo order obtained was in force or not.

An advocate is taking care of your case, and he can submit facts to the Court for suitable instructions to the Registrar office and he can himself publish a warning notice to the public and for sending a copy to all relevant offices (Registrar office, Revenue, Gram Panchyat).  You can also display a notice board that the property belongs to Joint family of ..........................and is under litigation in the land.

One can not do anything and it is the usual practice of the litigants to sell away the property and make easy money..

Prasanthi Nagar   26 June 2021

Thanks for the swift response Mr Prasad Sir, my adv told we got injunction order and he not disclosed how long it is valid, I will check the validity of the injunction order, case filed on Oct 2020. anything else like getting stay order in HC will help?

P. Venu (Advocate)     26 June 2021

Admittedly, your advocate has taken prompt action. He is has better understanding of the situation. We cannot comment ob his actions based on limited facts.

T. Kalaiselvan, Advocate (Advocate)     30 June 2021

If the registrar was not impleaded as a party to the suit then the court cannot grant a stay order on this to the registrar concerned.

Thus in the absence of any restriction order, the registrar may proceed with the application for registration submitted by the party desirous of registering the property  for the purpose of sale of property. 

If the court has granted injunction against the defendant, then he cannot sell the property, if he fails to comply the court order then it can be considered that he has committed contempt of court order, you can initiate contempt proceedings against him for this act.

 

Prasanthi Nagar   30 June 2021

wow superb answer Kalaiselvan sir, now I got perfect answer, now I know where my advocate did mistake and why he is helpless in stopping the registration.. since registrar was not impleaded is there any other way to stop registration with the help of HC and also I got injunction order till end of the case on my father brother's can I send any warning notice to them again?

P. Venu (Advocate)     01 July 2021

The crux of the issue is your misunderstanding than any mistake on the part of your advocate. 

What do you mean by - "but I learned there are litigations where properties are getting registerd in other places and they are not shown in my native register office EC and register office doing registrations since court not ordered register office to stop registration on the said property." What is the source of your information? The provisions of the Registration are specific as to places of Registration.

In all probability, your advocate has taken steps for Lis Pendens.  And that exactly is th remedy for the situation.
 

Prasanthi Nagar   01 July 2021

my advocate gave this example tht one of his client property was registered in different place and when they searched in their jurisdiction it was not shown there.

P. Venu (Advocate)     01 July 2021

To my knowledge, your information is inconsistent with the provisions of Registration Act. Please see Section 28 and 30.,

28. Place for registering documents relating to land.—Save as in this Part otherwise provided, every document mentioned in section 17, sub-section (1), clauses (a), (b), (c), (d) and (e), section 17, sub-section (2), insofar as such document affects immovable property, and section 18, clauses (a),  (b) (c) and (cc)shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate. 

30. Registration by Registrars in certain cases.—(1) Any Registrar may in his discretion receive and register any document which might be registered by any Sub-Registrar subordinate to him.

 

Moreover, in the present days, the registration process is computerised.  Hence any information conveyed to the local SRO would be accessible to all other offices.


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