Clarification on Property Transfer During Pending Restoration Application
Dec 12, 2025
198 views
2 answers
Property Law
► Hello,
Hope you are doing well.
I want clarification regarding a civil suit.
My father is the owner of a property in Haryana, and there was a civil case (declaration and injunction) filed against him. The trial court has already decided the case in my father’s favour and declared that the property belongs to him.
The plaintiffs filed an appeal, but the appeal was dismissed for default because they did not appear for the hearings. Now, they have filed an application for restoration of the appeal, but we have not received any notice or summons yet.
There is no stay on the property at any stage.
Due to health and sleep issues (Medical Condition), my father wants to transfer the property to my mother's name.
My question is:
If my father transfers the property to my mother while the restoration application is pending, will it create any negative impression if the case is restored in the future?
Should we proceed, will there be any implications, or anything we should take care of?
198 views
2 answers
2 Answers
Dec 15, 2025
Dear Sir,
Mention litigation in the Sale/Gift Deed
Include a clause like:“The property was subject matter of Civil Suit No.___, decided in favour of the transferor. The appeal was dismissed for default and no stay exists as on date.”
This shows full transparency.
Prefer Gift Deed or Settlement Deed (not sale)
Transfer to wife = natural succession
Courts view it more sympathetically than a third-party sale
Dec 13, 2025
You can proceed but never admit that you and your father was aware of filing or pendency of application filed by plaintiff. Ignorance is good defense. As such there is no issue on transfer but move strategically.
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