Legal Question in Civil Litigation in India
Notice of Motion has been taken out by a party for ad interim relief, specifically for injunction that the property in question should not be transferred or sold to third party. My question is the Sale deed is of the year 2005 and is also unregistered. The suit has been filed in 2009. Can any court of law grant injunction of the property whose sale deed is unregistered? Thanks
4 Answers from Attorneys
in my opinion taking into consideration above facts the court should not grant injunction.
For an interim relief of injunction, the factors to be seen are:
1. Prima Facie Case
2. Balance of Convenience
3. Who will suffer if the injunction is not granted
i do not think that upon an unregistered sale deed and the case filed beyond 3 years i.e. period of limitation, any ground for injunction is made out.
Your question : "Can any court of law grant injunction of the property whose sale deed is unregistered" is misconceived.
You should be concerned with the order passed in your case and seek opinion from your lawyer about its validity, if you intend challenging the same before higher courts by of a Revision / Appeal or any other remedy available in law.
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