Sale of Property
k.s.abishek
(Querist) 27 July 2011
This query is : Resolved
HI EXPERTS recently in the month of November2010 we have won a case of our property in the xxvii ABBL CITY CIVIL COURT IN BANGALORE MY ORIGINAL SUIT NO IS 16482/1999 (CCCH2A) my opponent has filed a suit in high court again. still now i have not received any notice regarding that from the court.NOW ONE PARTY IS READY TO BUY my property AFTER KNOWING THAT THERE IS A CASE IN THE HIGH COURT SO CAN I PROCEED WITH THIS SALE OF MY PROPERTY.
R.Ramachandran
(Expert) 27 July 2011
Please ensure that you do not give any indemnity (in the Sale Deed) to the buyer. If any indemnity is given, then you will have to compensate the buyer in case your opponent wins the case in his favour in appeal.
If possible, (very much adviseable) indicate very clearly in the Sale Deed that the property was under litigation, which you had won, and the opponent had gone in appeal and the buyer is quite aware of the same and still desirous of purchasing the property.
Shastri J.K.
(Expert) 27 July 2011
why not? You may sold.before granting stay of said decree.
ESTHERPRIYA
(Expert) 27 July 2011
It is subject to the outcome of the suit.
