Sale of property
s v desai
(Querist) 09 September 2020
This query is : Resolved
Respected experts, My mother was fighting for Justice in the civil court for her own brothers property. The farmer who's engaged for cultivating the land taken advantage of my mothers elder brothers age ill health and created a will deed. On the basis of that fabricated will that farmer applied for mutation in his name in Tahasildar office. My mother raised objection with the Tahasildar against mutation on the basis of that forged will. The revenue court directed to solve the case in Civil court then only they will effect the mutation. Based on this the farmer filed a suit in Additional Civil Judge court against my mother and requested for permanent injuction in his name. In the court the will is not proved gunine. Hence the case was dismissed against him. After this my mother applied for mutation of property in her name. Mean while the farmer intimated revenue Authorities not to effect mutation as he is going to appeal in Senior Civil Judge court against the judgement of Additional Civil judge. He has not taken stay order for this purpose. Now the revenue authorities made mutation in my mothers name., as there is no objection or any stay order for mutation from anyone. Now my mother wants to sell the property. My question is that can she sell the property.
Read more at: https://www.lawyersclubindia.com/forum/sale-of-property-212512.asp
Dr J C Vashista
(Expert) 10 September 2020
She is absolute owner of the property and can dispose it of to any one, there is no legal impediment or hassle.
P. Venu
(Expert) 10 September 2020
Yes, she can. However, how is it that the brother's property is devolved upon the sister i.e. your mother?
s v desai
(Querist) 10 September 2020
Sirs,
There is difference of opinion.
Mr. Shirish Pawar-7738990900 given his opinion that she can sell only after the appeal is decided.
s v desai
(Querist) 10 September 2020
Please give me reply
Rajendra K Goyal
(Expert) 10 September 2020
Appeal is pending.
Though the case is decided in your mother favor, no stay granted in appeal, mutation effected in her favor, she can proceed for sale.
The appellant would introduce the said purchaser as defendant in addition to existing defendants.
The final position would be in accordance to the decision of appeal, which may or may not reverse the findings of lower court.
If reversed, there may be practical problem.
s v desai
(Querist) 10 September 2020
To,
Shri. P. Venu sir,
The property is ancestral property. My mothers brother was a widower. No female or male children to him as his successors. Hence the property came to my mother as she is the only successor and surviving member.
This is for your information and for guidance
Thanking you sir
s v desai
(Querist) 10 September 2020
To,
Shri. P. Venu sir,
The property is ancestral property. My mothers brother was a widower. No female or male children to him as his successors. Hence the property came to my mother as she is the only successor and surviving member.
This is for your information and for guidance
Thanking you sir
s v desai
(Querist) 10 September 2020
Please give me further advice experts
s v desai
(Querist) 10 September 2020
Please guide me experts
P. Venu
(Expert) 10 September 2020
Appeal, if any, ought to have been filled within the period of limitation. In no case, this period could not be more than 90 days. Now that the mutation has also been effected, the possibility or probability of filing the appeal is longer a constraint.
s v desai
(Querist) 10 September 2020
Respected P. Venu sir/R K Goyal sir/JC Vashista sir,
In response to the advice from you specially by P. Venu sir I am further clear picture of the case.
We have given for mutation and he also Filed RA on the same day. During filing RA the 90 days period was completed. But He filed an IA requesting the Court to allow him to file the suit. The Court permitted him to file the suit. Concerned notice is also issued to my mother from the court. In this background can she sell that property. Please consider all the points explained in my quary and kindly give your expertised advice.
Rajendra K Goyal
(Expert) 11 September 2020
It is better to wait till the case is fully decided.
As advised earlier, it can be sold, but if case decided otherwise, there would be trouble. It can invite unnecessary multiple litigation.
P. Venu
(Expert) 13 September 2020
The facts posted subsequently are making the issues confused.
What is RA?
How there could be another suit on the same subject matter? Moreover, delay could never be condoned in a suit.
It appears that you are seeking suggestions without having a full grasp of the facts.
