Please help me
Querist :
Anonymous
(Querist) 27 March 2011
This query is : Resolved
My previous question was, "Can any share holder of an undivided unpartitioned residential house (with court stay order), sell his share to the stranger?"
My father has an undivided unpartitioned residential house. He has one sixth share of this house. Other co sharer has five sixth of this property. On July, 2004, my father had gotten the stay order from the court about the sell of this undivided property , thus the co-sharer can not sell his unpartitioned five sixth of this house. But recently he (other share holder) sells his portion to the stranger without giving any notice to my father.
Forum-Experts answered my question in this site. They told this is a case of contempt of court. And they advice me to "file an application under 39 rule 2A of CPC for contempt of court". But I have some questions about this matter :
1) if we file an application under 39 rule 2A of CPC for contempt of court, can court dispossess that purchaser (because they possessed already)and stop them to enjoy the property before the next order of court?
2)One Forum-Expert told "a dwelling unit cannot be sold by a co-owner without first offering the same for sale to the other co-owner." If so, then if my father wants to purchase the co-owner's portion, can court dispossess the stranger?
3)If court orders to dispossess the purchaser, is that my father's responsibility to dispossess them with the help of police or the court direct order the police to dispossess them?
Devajyoti Barman
(Expert) 27 March 2011
1. No but if the court rants a decree in favour of the concerned co sharer then the purchaser will be bound by that decree and liable for dispossession.
2.Yes he can apply but if the house is partitioned then this Rule of Pre Emption would not apply.
3. You have to apply for Police Help before the same court.
