Raymond Dias 16 April 2016

Sell property and house to third party

Dear Sir/Madam,

Is it possible to sell a house and property when court case is going on house regarding illegal construction which is baseless just done out of jealousy by uncle. The land is registered on my name , the house is also registered when it was ancestral house, we have renovated the house but did not register the renovation of the house it has become more bigger now, my uncle out of jealousy had registered a case against us in civil court which we won, now still not satisfied the case is in district collector court, which keeps on getting delayed much to our respite, the house is entirely in my name also the property, where it is , his only complain is setbacks from his house which is again baseless as the gorund floor of this house was already existing before but he did not complain before, We did not follow the 3 metre setbacks since we already had ground floor before.
My question to all lawyers is can i sell this property and house to third party person as i am normally tired of this court cases , but i will tell the buyer there is a case still going on the house no hiding.

Thanks

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7 Replies

Kumar Doab (FIN) 16 April 2016

If it is ancestral property then how is it registered in your name alone?

If you have violated local laws e.g. unapproved map etc then complaint can be lodged and action can be initiated.

If the property is suit property ( court case) then you should not sell it.

Rest local lawyer can give considered opinion after examining all docs on record and your inputs.

(Guest)

If you sell hiding the fact to prospective buyer , you will be inviting more headache rather more cases will be on you. Person who invest lakhs and crore when he understands he is cheated , it is observed that person trouble seller a lot additionally he don't give possession of property nor money and your headache will increase because there are chances there must be injunction for transfering property (If steps are taken properly by other side) .

Additionally I wish to put important provision of law regarding prohibition of transfer of Immovable property in your case. So in short you are violating Law

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Section 52 in The Transfer of Property Act, 1882

2. Transfer of property pending suit relating thereto.—During the 1[pendency] in any Court having authority 2[3[within the limits of India excluding the State of Jammu and Kashmir] or established beyond such limits] by 4[the Central Government] 5[* * *] of 6[any] suit or proceedings which is not collusive and in which any right to immoveable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose.

[Explanation.—For the purposes of this section, the pendency of a suit or proceeding shall be deemed to commence from the date of the presentation of the plaint or the institution of the proceeding in a Court of competent jurisdiction, and to continue until the suit or proceeding has been disposed of by a final decree or order and complete satisfaction or discharge of such decree or order has been obtained, or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force.]

Bharatkumar (ADVOCATE ) 18 April 2016

If the court not give any type of order regarding this property then You can sale this any person but you can write down the clause that the matter/case is pending in _______ court and the purchaser in know about this matter/case.

Bharatkumar (ADVOCATE ) 18 April 2016

Kumar Doab (FIN) 18 April 2016

Such mention may be repelling for many prospective buyers.

(Guest)

In the absence of any stay order the property can be sold by the legal owner.

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