Alienation/Transfer during Injunction - - - - - effect

... Alienation/ Transfer of immovable property during injunction order .......?

                                  

- Basically mere pendency of any suit does not affect alienation/transfer of suit property.

- But any alienation/transfer of suit property in violation injunction order or prohibited order issued by court confers no right , title , interest in the transferee.

- Such transfer is not transfer at all in eyes of law.

- In such transfer transferee cannot be allowed to reap advantage or benefit from such transfer merely because he is not party to suit/proceeding in which injunction/prohibitory  is issued by court

- Such transfer must not be upheld and such transfer is rendered illegal , it is not transaction at all.

=== Relevant Provision ==

- Section 52 of Transfer of Property Act 1882.

- Order 39 of Civil Procedure Code 1908.

_ _ _ _ _ Relevant Judgement _ _ _ _

- Keshrimal Jivji Shah v/s Bank of Maharashtra 2004(3) All.M.R.214= 2004(3) Mh.L.J.893.

- Kachhi Properties , Satara v/s Ganpatrao Shankarrao Kadam and others 2010(5) Mh.L.J.903.

- Prahlad Jaganath Jawale and others v/s Sitabai Chander Nikam and others 2011(4) Mh.L.J.137.

- 

....... please read all precious blogs & comment , give suggestion for better development of next blog. Anybody can circulate any blog without my consent......