Rahul R (Junior engineer) 10 March 2012

Selling property in question

My dad had purchased the flat we are residing since last 12-14 years. The flat is in the name of my parents (both Father and Mother).However there is claim in civil court made from my uncle(dad's brother) that he has share in this flat. This case has been pending in the civil court since last 8 years. My uncle has filed cases againt multiple family members claiming his share in their property just to trouble everyone with legal hassles.

Now with the growing family need i wish to move to a new flat for which i need to sell the flat we are currently residing because of financial constraint.

Can we somehow sell this property by providing undertaking that we shall be liable whatever decision is made by court in future and sell this land

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 10 March 2012

Is there any order of not to alienate the suit property by the court against you /

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 10 March 2012

Yes you can sell this land if there are no interim stay orders - However the person you sell it to would hold it subject to the result of the litigation.

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Rahul R (Junior engineer) 10 March 2012

Thanks for your reply sir. The hearing is not initiated on the mentioned suit as lawyers from both the ends have been asking for dates.

My uncle had demanded an temporary injuction while filing the suit against us which would stop us from selling the property. but there is no order or grant on injuction issued by Court.

In this case what will be the safest way to proceed ahead. I have failed to get the timely response from my lawyer hence need some knowledge to know the process ahead. DO we need to provide any undertaking or statement that we will liable on whatever decision is taken by court and can proceed ahead with selling the flat?

Extremely grateful for your response.