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Ex husband sold property for which i had given him POA but revoked
14-Oct-2023 (In Property Law)
my ex husband sale a joint property to his mother by my power of attorny which i revoked before the sale date. I get a order 156(3) from court and police lodge FIR. since 3 month police does not take action . what to do plz suggest. i am hindu
You can file a writ application before the Hon'ble High court for police inaction now. After the investigation authority gives the final report and he accused is convicted you can start proceedings for recovering the property. alternatively you can prefer an application before the civil court of competent jurisdiction for declaring the said sale unlawful and get injunction so that the property shall not be sold further . moreover you should issue a lis pendens notice.
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Adv. Sachetan Ghosh
Kolkata | 25+ Answers
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What is the notice of Lis pendens in India?
The rule of Lis Pendens, as set forth in Section 52 of the Transfer of Property Act, applies to all property transfers that are related to an ongoing suit or proceeding. This includes transfers by the parties to the suit and proceeding before the resolution of the suit. 09-Sept-2023
What is an example of a lis pendens case?
If, for example, buyer A and seller B enter into a contract to sell a house, and the seller decides that he will sell the home to buyer B, then buyer A can sue the seller in order to enforce the agreement. After filing a lawsuit the buyer can file a Lis Pendens, which makes it more difficult for the seller sell the home.
Can a property be sold during pendency of suit?
The party who sells his rights in a lawsuit loses that right. The only thing that Section 52 of Transfer Property Act states is that any transfer made while the case is pending is subject to the outcome of the litigation. 18-Jan-2022
What is the doctrine of lis pendens under section 52 of transfer of property act?
The rule of lispendens states that anyone who purchases property while an action is pending is bound by any judgment rendered against the person he acquired his title from (to the immovable properties, whose right is directly and explicitly in dispute in the suit or procedure).
You can file a petition u/sec. 72 & 73 Cr.P.C. in the same court for proclamation of attachment of property. You can lodge complaint to the higher authority of police and file a writ petition in High Court for in-action of police authority.
You should also file a declaration suit against your ex-husband in civil court for claiming damages.
You should also file a declaration suit against your ex-husband in civil court for claiming damages.
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Adv. Minansu Bhadra
Kolkata | 100+ Answers
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write to the concerned Commissioner of Police regarding not taking action by police, and simultaneously move again the criminal court asking the court to direct the police to file its report. At the same time you can file private complaint on the bais of available documents asking the court to issue summons and proceed with the evidence.
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