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. There is also
a temporary injunction in force on a defendant in the suit against
alienating the ancestral property which is jointly owned by all members
of the Hindu family.
In the mean time, all other share holders have agreed for partition
and separate allocation of my share. They wish to get my share separated at the earliest.
They want me to vacate the injunction so that they can register a sale deed in favour of a third party.
I would like to get the title deed of my share somehow before vacating injunction. Hopefully, the title deed can be obtained by partition deed registration in Sub-Registrar Office
or in the form of a compromise decree from court. I do not intend to participate in the registration of sale deed.
In the above circumstance, here a few queries:
1) Can I get the partition deed registered in the Sub Registrar Office
when a temporary injunction is in force? If yes, how can I vacate the injunction and withdraw the Interlocutory Application (IA) from the court after the registration of partition deed? Please note that I did not institute the original suit which was decreed way back but I recently proceeded with IA to get exclusive allotment of my share and for a temporary injunction to prevent a defendant from alienating the suit property.
2) If the registration of partition deed cannot be done while
injunction is in force, can you suggest any alternative for resolving this issue quickly instead of proceeding with litigation and waiting indefinitely for the Final Decree?

Asked on 4/07/11, 8:47 pm

Shrichand Nahar S.V.Nahar, Advocate

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0 attorneys agreed

Easy way out in a court matter can be suggested by your lawyer knowing all the details. Consider consulting him/her.

Answered on 6/09/11, 1:33 am

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