Can i sale a disputed property?
keshav dahiya
(Querist) 07 February 2019
This query is : Resolved
Hello Experts,
If i am getting sued for title of the property and the plaintiff has already lost his case in lower courts,
The case is still going on and the plaintiff is suing me just so that i cannot sell the property.And the case will take so many years.
If the property registry is in my name and all the papers belong to me.
The court case is never ending and still going on.
THERE IS NO STAY OR ATTACHMENT OF PROPERTY BY THE COURT.
Can i sell it if i have buyers who are taking the property with case?
Please share your opinions
Vijay Raj Mahajan
(Expert) 07 February 2019
If no injunction court order against the sale of the property, sell it, no one can stop you for that. Principle of Les pendency will not apply as the matter was decided by competent court, the appeal against the order may be pending but no stay allowed by appellant court for transfer of the property nor the order of trial court set aside hence trail court order stands valid. However cautious step may be taken before going ahead with sale of the property.
kavksatyanarayana
(Expert) 07 February 2019
But in some states, there are executive instructions to the Registering Officers that if it will come to the notice of the Registering Officer that if the property of the document is in dispute and case is going in court, then that document will not be accepted for registration or refuse to register the document.
P. Venu
(Expert) 09 February 2019
Yes, if there is a willing buyer, you can. However, in all probability, he would demand his pound of flesh!
Guest
(Expert) 09 February 2019
Refer Lis Pendens. Even if the Sale could be executed basing on the reasons that there is No Stay the sale transaction will not affect the Judgement.
Dr J C Vashista
(Expert) 09 February 2019
No problem in sale if there is no injunction.
What is the advise of your lawyer engaged for contesting your case(s) ? Follow it without second opinion.
