Advocate Subhash Barot

Questions Answered by Advocate Subhash Barot

Q: Regarding Interim Injunction in civil case pending in the civil court

This is regarding agricultural land. There are civil and revenue cases pending for this parcel of land. In the mean time, defendants in these cases have executed a sale deed to a group of 5 people. I also figured out that defendants had applied for NA permit at Collector's office under false affidavit that there are no case pending in any of the courts. What should I do now. Am I eligible for the injunction from civil court with this new revelation? Kindly advice....Thanks in advance.

Advocate Subhash Barot answered
Please get certified copy of the sale agreement executed by defendant in favour of third party. Thereafter make an application to the civil court for joining third-party as party defendants. After joining them as party defendant make an application for interim injunction in form of restraining defendants from transferring aligning the property further in favour of any other party. If you are in Gujarat it is mandatory for registration of lis pendenc of the suit. Even otherwise as per the transfer of properties act any transaction after filing of suit is subject to outcome of the suit. there is no need to worry .

Q: Sale Flat agreement want to know about payment part

Hello ,I would like to know that I m going to sell my flat to party. And party taking loan from psu bank so psu bank issued cheque in my name & a.c number but that release after 2 days once flat agreement submit in bank so that's safe my payment and party also giving me 1.5 lakh cheque if this cheque bounce then .I mean in both situation any one go wrong then my flat agreement will auto cancel or what precautions shd I take.

Advocate Subhash Barot answered
You may inform the purchaser that he will get possession of the property only when the cheques are realised and all consideration amount is deposited in your account. So far as legal scenario is concerned, sale deed exicuted without payment of consideration is ab initio avoid but the declaration is required to be obtained from the court, If possession of the property is with you, there would be less chances of any difficulty.

Q: Can there be a transfer of a tax lien property to the legal hier?

X has the ownership of a property. The government has lien over that property in connection with tax dues. A matter is pending before court regarding the tax matter. Meanwhile, X died. Can there be a transfer of this property to the legal hier and subsequent registration? What are the further implications?

Advocate Subhash Barot answered
The property can be transferred in the name of legal hires as per the succession and it will be subject to right of recovery of government for text. Legal hairs receiving property of the deceased are not liable for making payment of tax but the text can be recovered from the property of the deceased, therefore it can be said that the hairs are only liable to make payment of tax To the extent of the value of the property they receive from the deceased.

Q: removal second coowner name from the registered property document 2006

what is the process to remove the second co owner name from the registered property document which was purchased during the year 2006 in ahmedabad.

Advocate Subhash Barot answered
For removal of co-owners name from the joint property. You have to get executed sale deed in your favour. You may also request for gift deed in your favour. The third and simple way if it is permissible you may get executed deed of relinquishment of right in your favour which would be registered only on rupees hundred stamp paper before the office of registrar.

Q: Related divorse Hindu religion

Dear Allmy marriage happen 11/11/2017 from 18/03/2018 not living with me . she wants to seperate with my parents as she used to come i dont want as all the gold ornaments and clothes she used to take with me with proof that through stamp paper notorissed agreements . after some samaj meeting they send to my home but i refused dont allow as she gave me warning for domestic violence and sucide attempts for that i complained in police after she also compalned in mahila police as all the things over she not give divorse and mutually decided month maintaince on stamp paper agreements with both parties amount of maintaince is too much and i cant afford and not giving me divorse also

Advocate Subhash Barot answered
Once you have executed agreement and have excepted to make payment of maintenance, it is very difficult to deviate from the same. You may file an application for diverse and cancellation of the agreement between you and your wife before the family court Under section 7 of family Courts act