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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

Allahabad High Court Imposes Cost on Petitioners Objecting Hindu-Muslim Property Sale

Allahabad High Court Imposes Cost on Petitioners Objecting Hindu-Muslim Property Sale

“The sovereignty of scriptures of all religion must come to an end if we want to have a united integrated modern India.”Dr. B.R Ambedkar 

In the case of Farhan Tasaddukhussain Barodawala v. Onali Ezazuddin Dholkawal, Allahabad High Court imposed cost of rupees 25,000 on petitioners who were objecting on the fact that how a Hindu man can sell off the property in an area dominated by Hindus to a Muslim person and it will create mismanagement of law and order.

Single-judge Justice Biren Vaishnav said, “It is a disturbing factor that a successful purchaser of property in a disturbed area is being hounded and thwarting his attempt to enjoy the fruits of the property which he successfully purchased.”

When the sale deed was being executed the petitioners were eyewitnesses before the court also. After two years they raised the objection. Although the Gujarat HC dismissed the objection on the ground that what is to be seen is whether the sale was for fair consideration and with free consent as provided under the Gujarat Prohibition of Transfer of Immovable Property and provisions of Tenants from Eviction from Premises in Disturbed Areas Act, 1981

The recent issue was that when the transaction of sale was to be registered with sub-registrar, the petitioners alleged that their signatures were put by coercing them. The Gujarat Prohibition of Transfer of Immovable property and provisions of Tenants from eviction from Premises in Distributed areas Act, 1991, requires “prior permission for sale/purchase of properties involving people belonging to different faiths”.