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Sale deed executed in violation of status-quo/ injunction order
29-Sep-2023 (In Property Law)
Dear All,
During the pendency of the suit, sale deed has been executed in violation of the status-quo order.
What should be the way forward.
1.Can the sale deed be declared void in the contempt petition or a separate suit needs to be filed for its cancellation?
2. Can court refuse to hear the party/ defendant in such a case?
Any citation on the above will be useful.
You are protected under the provisions of the transfer of property act.. No need to file a separate suit since the sale is void had there not been a. Stay and simply the suit was pending. Consult For detailed advise and complete list of citations on the issue.
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Adv. Vanshdeep Dalmia
Delhi | 100+ Answers
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Dear Concerned,
As per section 52 of the Transfer of Property Act, any alienation of a suit property is subject to final outcome of the suit. Violation of the stay order definitely attracts contempt and penal provisions. However, there are certain judgments to the effect that the Sale deed so executed may not be a null and void document by the sole reason of its having been executed during the pendency of the suit and its validity depends on the outcopme of the suit. Impleadment of the purchaser is a must in such cases.
As per section 52 of the Transfer of Property Act, any alienation of a suit property is subject to final outcome of the suit. Violation of the stay order definitely attracts contempt and penal provisions. However, there are certain judgments to the effect that the Sale deed so executed may not be a null and void document by the sole reason of its having been executed during the pendency of the suit and its validity depends on the outcopme of the suit. Impleadment of the purchaser is a must in such cases.
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Adv. Avneesh Garg
Delhi | 200+ Answers
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Dear Sir,
You should proceed with file an application of contempt at priority. The court will surely hear your case considering the urgency and take appropriate action.
As far as case laws are concerned the order of the court and the facts stated by you are sufficient to attract action from the court.
Please feel free to contact for further clarifications.
You should proceed with file an application of contempt at priority. The court will surely hear your case considering the urgency and take appropriate action.
As far as case laws are concerned the order of the court and the facts stated by you are sufficient to attract action from the court.
Please feel free to contact for further clarifications.
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