Injunction Against Alienation and Creation of Third Party Interest
Injunction Against Alienation and Creation of Third-Party Interest β what it means, when it applies, and how courts handle it.
π« Injunction Against Alienation and Creation of Third-Party Interest
π Meaning
An injunction is a court order that restrains a person from doing a particular act. When it comes to property matters, an injunction against alienation prevents a person (usually the property owner) from:
Transferring (selling/gifting/mortgaging) the property to anyone else, or
Creating third-party rights, such as giving someone else possession, lease, or partial ownership of the property.
This is often requested by someone who has a legal or equitable interest in the property and wants to prevent it from being disposed of or encumbered while a legal dispute is pending.
βοΈ Types of Injunctions in Property Matters
| Type of Injunction | Purpose |
|---|---|
| Temporary (Interim) Injunction | To maintain status quo during litigation. |
| Permanent Injunction | Granted at the end of the trial to permanently restrain certain actions. |
β Common Situations Where Such Injunction is Sought
Disputed Ownership or Title β When two parties claim ownership, one may seek to prevent the other from selling the property during the dispute.
Breach of Contract β If a party has entered into an agreement to sell and later tries to sell to someone else, the buyer may seek an injunction.
Family Disputes / Joint Ownership β In cases of undivided property or inheritance, one heir may try to prevent another from alienating property without consent.
Pending Specific Performance Suits β Where the buyer has sued the seller to enforce a sale agreement, the buyer may seek an injunction to prevent third-party transfer.
π Legal Basis (India)
Section 38 and 39 of the Specific Relief Act, 1963 provide for grant of perpetual injunctions.
Order 39, Rules 1 & 2 of the Civil Procedure Code (CPC), 1908 provide for temporary injunctions in urgent situations.
π Essentials to Obtain Injunction
To get an injunction, the applicant must prove:
| Essential | Meaning |
|---|---|
| Prima facie case | There is a valid legal right or interest at stake. |
| Irreparable injury | If the property is alienated, the applicant will suffer harm that cannot be undone. |
| Balance of convenience | Greater hardship will be caused to the applicant if injunction is denied. |
| No third-party rights yet created | The property hasnβt already been sold to a bona fide purchaser. |
π« What Does the Injunction Restrict?
Once granted, an injunction order may prohibit the property owner from:
Selling or gifting the property
Executing a sale deed
Creating a lease or mortgage
Entering into any third-party contract
Parting with possession
Violating such an order can result in contempt of court.
π Summary Table: Injunction Against Alienation & Third-Party Interest
| Aspect | Description |
|---|---|
| Purpose | To prevent sale, transfer, or creation of third-party rights over property |
| Who Can Seek It | Person claiming legal or contractual interest (e.g., buyer, co-owner, heir) |
| When | During litigation or when there's a threat of illegal sale |
| Legal Basis | Specific Relief Act (Sections 38β39), CPC (Order 39) |
| Court Requirements | Prima facie case, irreparable harm, balance of convenience |
| Effect | Freezes the property; transfer becomes illegal or voidable |
| Violation | Attracts contempt of court and legal penalties |
π Conclusion
An injunction against alienation and creation of third-party interest is a powerful legal remedy used to protect property rights during disputes. It prevents unauthorized or unfair transfers and ensures that legal rights are not defeated by quick sales or fraudulent dealings. Do write to us if you need any further assistance.
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