Perpetual pending case
M Satyanarayana
(Querist) 20 April 2017
This query is : Resolved
Sir,
I happen to be one of the party to a partition suit filed long back. I am fortunate enough to receive preliminary decree in my favour. I hoped and happy there will be final decree and my uffering will end.
To my utter surprise and embarassement the case is still pending with no hope for final decree. The other party and their family are filing one after the other false fabricated documents of claims/possession over the property and obstructing final decree till date. The case is two decades old.
Do I have right to sell my share in the property without physical metes and bound and final decree by respective court. Other party is waiting for total surrender of my share in kind.
Please let me know the facts about my case and my share.
Thanking you,
M.SATYANARAYANA
Susmita
(Expert) 21 April 2017
Yes, You can file an application before the Court to sale your part of share, if other side also agreed to it.
ROHIT SHARMA
(Expert) 21 April 2017
1) Consideing that you have got the preliminary decree in your favour and you intent to sell your share then you can do so which requires you to offer the co-owners as per the law of pre-emption and if they refuse then you can sell your share in such property but if the property is house then if you sell your share to third party but such third party is not entitled to occupy such share in house property.
As you as the defendants want you to sell your share to them then take this recourse and the final decree will be awarded.
Why struggle for litigation tactic.and sell your share to the co-owners who are the defendants in the suit in context.
Susmita
(Expert) 21 April 2017
Agree with Mr. Rohit
ADV-JEEVAN PATIL, MUMBAI
(Expert) 21 April 2017
Why you you cannot sell the property until final order is received. If court permit to assign your share to co-owner, u may do so, but chances are remote.
Dr J C Vashista
(Expert) 22 April 2017
You were plaintiff or defendant?
If defendant how can you say that the preliminary decree is in your favour awaiting final decree which is awaited for demarcation and handing over physical possession to the parties to suit?
What is so urgent need to sell out your share, did you disclose before the Court?
What is the opinion and advise of your lawyer qua your query? Why do you need a second opinion and advise when you have already engaged a lawyer who have helped you in obtaining a preliminary decree in your favour? Have you lost faith in your lawyer, that too at the stage of final decree?
