Can defendant gift property after specific per suit dismissed
21-Jul-2023 (In Property Law)
I would like to know whether a Defendant can gift the property to children after the suit for specific performance got dismissed? Should defendant wait for appeal period or not? The plaintiff who lost the case has not yet filed appeal in high court. What will happen if plaintiff filed appeal after registering gift deed?
In this case the defendant has all the rights to transfer the property as the sale and purchase of the property has not been stayed so the status quo of the property is same as it was before the advent of the case.If he managed to get stay on the property by the time he goes for appeal then you can’t sell it.
See after obtaining the certified copy of the judgement you have 90 days limitation period to go for appeal to the High Court and in between the other side cannot proceed. Hence, contact any advocate and file an appeal before High Court as soon as possible.
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