Legal Question in Real Estate Law in India

This is regarding a partition suit for which a preliminary decree was passed and final decree proceedings are going on. In fact, I had requested for separating my share as per the rights vested through the preliminary decree by means an Interlocutory Application.There is also a temporary injunction in effect on a defendant in the suit against alienating the property which is collectively owned by all the members of the joint family.

In the mean time, all other share holders have agreed for partition and separate allocation of my share. They want to keep the remaining jointly with them for selling to a third party honouring a prior agreement entered into by them without my consent or participation. They wish to get my share separated at the earliest.

They could not get the injunction vacated and want me to get rid of it so that their sale deed can be registere d. They say that the registration of my share can also be done at the same time. But I would like to get the partition of my share done by registration or a compromise decree by court before vacating injunction. My queries are the following:

1) Can I get the partition deed registered in the Sub Registrar Office while a temporary injunction is in force?

2) If yes, how can I withdraw the suit and injunction from the Court after the registration of partition deed? Please note that I did not institute the original suit which was decreed but I simply proceeded with Interlocutory Applications to get exclusive allotment of my share and for a temporary injunction to prevent others from alienating the suit property.

3) If the registration of partition deed cannot be done while injunction is in force, can all the parties sign and submit a mutual agreement such as a compromise agreement or Memorandum of Settlement jointly in the court with specific clause or statement on allotment of my share and get it approved by court by a compromise decree?

4) Do I need to get the partition deed registered in the Sub Registrar Office afterwards or will the compromise decree itself be enough as the title deed and for the purpose of updation of village records?

Many thanks in advance for your sincere effort in resolving this issue.


Asked on 4/07/11, 6:56 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Avoid doing anything during injunction order.

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Answered on 6/07/11, 12:03 am


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