Sale, etc. of property when suit is pending
Md Abdul Kadher
(Querist) 18 August 2015
This query is : Resolved
One partition suit was filed in the District Civil Court in 2005 by Mr.A who is a resident of the property which is pending. Meanwhile some of the respondents have sold the litigant property to Mr.B who got a pledge loan by giving the sale deed in a nationalized bank. Among one of the respondents issued a legal notice to the concerned bank's local branch and its regional office. Though the sale deed in dispute is void under Law, can the bank attach this property when there is a default of repayment of loan? What is the next step to be taken by the petitioner? Please clarify.
Chanchal Nag Chowdhury
(Expert) 18 August 2015
U have formed your own expert opinion that the sale is void. What is the basis?If there was no order of court restraining parties to dispose/ encumber the property,the sale & mortgage is valid though the bank may be hit by the doctrine of lis pendens.
Rajendra K Goyal
(Expert) 19 August 2015
In absence of any stay, any person having share in the joint property can sell his share and the buyer can get loan on such property share.
malipeddi jaggarao
(Expert) 19 August 2015
How can B create mortgage on the property and under which sale deed?
