Transfer of immovable property during pendency of title suit.

Querist : Anonymous (Querist) 23 September 2011 This query is : Resolved
dear sir,
I have all the documents regarding my ancestral property like mutation, land reciepts,possession etc.now some land brokers have filed a title suit against me by making some forged documents and have also got the suit admitted on the basis of that very forged and manufactured documents.Also they tried for injunction but they were not granted.Now my question is whether i can transfer my suit property in question during the pendency of the suit or should I wait for the disposal of the suit?

Follow Query

Report Abuse

R.Ramachandran (Expert) 23 September 2011
1. Whether you have children - if so, they also have coparcenary rights in the said ancestral property. Therefore, if the property had been partitioned by you amongst your children, then you will be able to sell your share, provided there is no stay against you from the court in the suit filed by the brokers.

2. You have to find out whether there are any buyers available to purchase the property from you even after knowing that the property is under dispute in a court of law.

3. Even if such a purchaser comes forward to buy the property, the sale will be subject to the outcome of the pending court case. The decision of the court if it goes against you, will affect the purchaser also.

Keeping all the above aspects, you have to take a decision.