Lis pendens notice
raju
(Querist) 08 April 2015
This query is : Resolved
Dear All,
I(with other 9 owner) have property in my town & my tenant filled case against same property for not sell to other person. After that he filled lis pendens notice to Nagar Bhumapan Office. So my query is:
1: I will sale my property with lis pendens.
2: I already inform about the same to purchaser & he is ready.
3: After sale property with lis pendens, i will affected by any law in future.
4: also yet i have not received notice from court about tenant case only my uncle received it.
5: I register the agreement & sale deed for same property.
raju
(Querist) 09 April 2015
Not understand
raju
(Querist) 09 April 2015
Dear sir, I want to know can I sale my property with lis pendens.
alexander
(Expert) 09 April 2015
What is NAGAR BHUMAPAN OFFICE. Is it a Court of justice under the Distruct Court etc.
2. What is the objection of the Tenant.
3. What does the notice received by your Uncle say. On what grounds the COURT has issued summons/ notice to your uncle. What is your uncle required to do under the notice
. Prima facie your tenant has no locus to stop the sale/mortgage etc. i.e transfer of your property unless he is invoking the provisions of 'pre-emption'
Under Sec 52 of the Transfer of the property act 1872, the Lis pendens or Lis pendente arises the moment the suit is registered by the Court of Competent jurisdiction and the said Court issues summons to all concerned.
As you have not received any legal Regd AD notice neither from your tenant nor from any COURTt you are at liberty to act in any manner you like with your property.
Furthermore pl consult your lawyer particularly if NAGAR BHUMAPAN OFFICE is a Court or aourt of competent Jurisdiction as defined in the CPC and is presided over by a JUDGE . Any notice not issued bysuch a COURT would not unleash the provisions of LIS PENDENS
ALEXANDER
nom de plume
alexander
(Expert) 09 April 2015
Mr Rajy , You are an advocate. It doesn't behove you wasting the time of sernior experts buy f;oating half baked narratives .Alexander
Rajendra K Goyal
(Expert) 10 April 2015
Consult a lawyer and show him all the documents.
T. Kalaiselvan, Advocate
(Expert) 12 April 2015
Since you have not been restricted by a court of law to proceed with the execution of sale deed, you do not have to worry about it. The notice will not have any impact on this. Let the tenant approach court against you and get an injunction order against your, until then his notices are not binding.
