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sab1132 (Engineer)     10 February 2009

Can we sell out flat even if suites against the same flat are going on in court

I have flat with bank loan on my name. As I was out of town for service, my relative is staying there from last 1and half year just by paying electricity and society maintenance charges. Now I want to sell out the flat but he is not coming out, instead of that he has filed suit in court, asking for permanent injection. Can I sell out my flat even if suites against the same flat are going on in court?

 

Thanks in advance.



Learning

 6 Replies

phiyoni@adv (Legal Executive )     10 February 2009

If there is no injunction order passed in the suit which u are referring u can sell the flat subject however to notice to the purchaser about the same. However in ur case there is a bank loan as well thus u may have to deal with that as well either by repaying the same or transfering the same.

sab1132 (Engineer)     10 February 2009

Thanks a lot for the reply.


Still now, no injunction order has been passed, just got the suite having next month date. If I sell out the flat, Will it create any issues to me once hearing start?


 


 

PALNITKAR V.V. (Lawyer)     10 February 2009

Since there is bank loan, you will not be able to sell the flat without consent of the bank. It seems that the relative is not a tenant. He seems to be a licensee. A licencee has no right to prohibit the owner from selling the property. So, if the bank permits and there is no injunction from the court, you can safely sell the property.

PALNITKAR V.V. (Lawyer)     10 February 2009

Since there is bank loan, you will not be able to sell the flat without consent of the bank. It seems that the relative is not a tenant. He seems to be a licensee. A licencee has no right to prohibit the owner from selling the property. So, if the bank permits and there is no injunction from the court, you can safely sell the property.

sanjeev murthy desai (Advocate)     11 February 2009

ys agreed with Mr. Palnitkar

sab1132 (Engineer)     12 February 2009

Thanks you very much Mr. Palnitkar, Phiyoni and Mr. Sanjeev for the reply.


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