How to remove a court order from Encumbrance Certificate

6 years ago

My ex-wife filed a suit on my mother's house and got a exparty order in favour of her as we did not contest the case. The prayer was not to alienate her or the property. Later we got divorced through mutual consent and all connected cases are withdrawn. Now i came to know that my ex-wife had approached the register office and attached that ex-party order in my mother's property and hence it is reflecting in the EC. How to remove the same from EC as all the connected cases are already withdrawn? Should i file a new suit requesting the court to remove the entry from EC?

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Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client i agreed on advice that If the case in which your ex -wife had obtained that ex-parte order was also withdrawn while you both got divorce, then you can apply to the Local authority to remove the encumbrance on the basis of withdrawal of that case by her. Otherwise, your mother needs to file a suit for the same.

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Prabhakara S K Shetty

Responded 6 years ago

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A.If the case in which your ex -wife had obtained that ex-parte order was also withdrawn while you both got divorce, then you can apply to the Local authority to remove the encumbrance on the basis of withdrawal of that case by her. Otherwise, your mother needs to file a suit for the same.

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R PR

Replied 6 years ago

Yes sir...the suit also got withdrawn as "not pressed" and there was also a mention of withdrawing the said suit in our memorandum of compromise. But it has been 6 years now. Will the local authority accept?

Prabhakara S K Shetty

Replied 6 years ago

They have to accept, If they don`t you take such an endrosement and file a suit in Court.

Ambrose Leo

Responded 6 years ago

A.It is complicated issue better to consult a property lawyer to guide & help you quickly.

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