enquiry of selling property.
Anand Anand
(Querist) 22 May 2014
This query is : Resolved
Dear experts I purchased one property from two brothers in1992.there was small dispute in the properties between two brothers as they have some other properties in joint.there is a civil suit for partition between and the case is pending in which the land and its respective survey number is included without any information they have included there is also no legal notice to us from court.now I want to transfer the property to the buyer.I need a suggestion can I sell it away??will there be any legal complication or will it become any criminal offence when the case is in the Court of law.do I need to take police aid or is there any chance of police taking action on me if I sell away the property.please kindly help me experts thank you.
ajay sethi
(Expert) 22 May 2014
has any injunction been granted by court in the partition suit restraining creation of third party rights ? if so you cannot sell the property .
if no staus quo order is passed you are at liberty to dispose said property
Anand Anand
(Querist) 22 May 2014
Thank u for replying sir.there has been partition decree in the year 2010.. It is only declared that the properties shall be divided into equal halves.no injunction has been granted.I also transfered 500 sq yards from it(whole of the property is 3900 sq yards)in the year 2013 DEC month..I'm in a confusion whether I can transfer whole the land..
Anand Anand
(Querist) 22 May 2014
In the year 1996 the partition was filed in the Court of law and was decree in 2010.
Rajendra K Goyal
(Expert) 22 May 2014
If the court has not ordered for status quo, there is no bar in selling of the property. Agree with the expert.
Anand Anand
(Querist) 22 May 2014
Thank you experts my further query is afteriI sell the property can this brothers take a status quo on the person for whom I sell this property..
