Legal Question in Civil Rights Law in India
transfer of property
sir,
i had advanced certain sum of money upon the assurance of a gurantor. The borrower had made a default and subsequently absconding from present society. I filed a money recovery suit again the borrower and gurantor. Borrower happens to be the son of guarantor and also entitled for a share in petition schedule property. I had obtained the orders from the court restraining the respondents from alienation of petition schedule property. The following day the petition schedule property was transferred by the gurantor to her younger son without consideration in the form of gift settlement deed by avoiding the main borrower though he is entitled for a share. Notice of such orders were received by the respondents after the execution of gift deed. My doubt with respect to Order XXXIX Rule 1 & 2 is that the orders passed by the court are binding on the defendants from the date of issue of such orders or from the date of receipt of such orders ?
4 Answers from Attorneys
Re: transfer of property
The order is binding from the date of passing; the transfer is illegal and may not adversely affect your rights.
Re: transfer of property
Section 52 of the Transfer of Property Act comes into operation and declares the such transfer illegal made while lis pendency. It may be got declared illegal. Property will come back.
Re: transfer of property
such tranfer made during pendacy of suit is non est
Re: transfer of property
as a matter of fact, the day the suit has been filed, sec. 52 of transfer of property act comes into operation and third party interest cannot be created. in the present situation, even if the transferor was not aware of the stay order, sec. 52 of lis pendens is operative and the gift deed is non est in the eyes of law. u may move the appropriate application for cancellation of gift deed.
Related Questions & Answers
-
Clarification reg-Hindu sucesssion act The old house have my grand father property... Asked 10/15/08, 12:47 am in India Civil Rights Law
-
Injunction against family members can father get order of injunction against his son... Asked 10/14/08, 12:56 pm in India Civil Rights Law
-
Society maintenance in one of the answer your attorney said that refer AIR ..so... Asked 10/14/08, 4:01 am in India Civil Rights Law
-
Transfer of property to defraud creditors Mr. X acquired the property on his wife... Asked 10/12/08, 3:12 pm in India Civil Rights Law
-
CAN I get the link or copy of the judgement? Dear sirs Please can u give me a link... Asked 10/12/08, 6:16 am in India Civil Rights Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
