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CHANDRASEKARAN S (deputy manager)     10 March 2015

Vacating the house

Dear Sir,

I have a property near Musiri. This house property is owned by me and the same is challenged in a suit for partition by my sister who is residing there. Preliminary decree is passed in Trichy Dist Court says that the property at Musiri is not under partition and the claim by my sister is dismissed. Now she is not vacating my house. What is the way out? Now she filed an application for final decree. I have already entered into sale agreement with the buyer for the disposal of my house. Can i dispose my house now? Any legal problem anticipated?

Please enlighten me.



Learning

 1 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     10 March 2015

Sir,

 

Unless the final decree come, you cannot deal with the property as the Rule of Lis Pendens will apply in this case. 

 

But you can send her a legal notice vacating the house for future course of action if she fails to vacate the house even after the final decree ..

Regards 

Kapil Chandna

9899011450


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