Response

In the present case due to family problem the client transfered a part of his house to his elder sister.

The client wants the property to be in safe hands, which is the very reason he gave it to her, but he wants to restrict his elder sister from selling the part he gave her to a thrid party without the consent of the family members.

As according to order 39 Rule 1 to 5 of the Code of Civil Procedure, an injunction is a judicial process whereby a party is required to do, or refrain from doing, any act.

Injunctions are issued by courts and tribunals by directing a person to do or to refrain from doing something.

In the present case, in my opnion, the client should find a civil lawyer and send an application to the appropriate court or tribunal requesting them to grant such an injunction to stop his elder sister from the selling the property which the client transfered to her because of some family emergencies.

The client by the way of an injunction wants to make sure that the elder sister cannot sell the property which he transfered to her without the consent of the family members.

Hence the client can send an application to the appropriate court throgh his lawyer.

Reference: As according to order 39 of the Code of Civil Procedure, an injunction is a judicial process whereby a party is required to do, or refrain from doing, any act.

202100353-20210041-16367

LAWAYZ-2023-210