Sale Of Disputed property

chetan (Querist) 23 October 2010 This query is : Resolved
Sir,,

My question is can the defendant sale the disputed property if the property is registered by his name but in possession of the petitioner since last 22 years...

please mail me your advice at mail.g1411@gmail.com

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Khaleel Ahmed Mohammed (Expert) 23 October 2010
No one can sell the disputed property unless it is resolved by the court.

adv. rajeev ( rajoo ) (Expert) 23 October 2010
He can sell the property but he will have to face the litigations.

Advocate. Arunagiri (Expert) 23 October 2010
Yes. He can sell the property. Normally the buyer will prefer to buy in vacant condition. If you can not vacate the tenant the market value the property will go down that's all.
Legally he no body can prevent him in selling the property if his having a tenant for a longer period.

Devajyoti Barman (Expert) 23 October 2010
He ca sell the property but the rule of lis pendence will apply which means the purchaser will be bound by the decree to be passed in the pending suit.

s.subramanian (Expert) 24 October 2010
I agree with Mr.Barman.

Sri Vijayan.A (Expert) 24 October 2010
1. He can sell it
2. He has to inform to the buyer about the dealings, encumbrance, charge, court case,etc over the property
3. He shall not hide these material facts, it is the duty of seller
4. If the buyer buys the same with the knowledge about the charges, etc, he will be bound by the consequences.

sanjay mundada (Expert) 24 October 2010
yes he can execute sale deed but remember ,it is only subject to decision of pending suit which is binding on said purchaser.

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