Can a will rights transferred or sold when pending case civil courts

If there is a partition suit pending before court you cannot be able to sell the property till the disposal of the suit

You will have to wait for decision on the suit for partition, which shall decide all issues including property bequeathed in your favour, if submitted well in time by your lawyer .

File a compromise petition.

Thank you.

Dear Simi,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your query is NO. You cannot sell the property while a suit on that property is pending.

Here, a few things are to be considered. Your mother’s will has not been probated yet. Meaning as of now there is no way to claim your share of the property as per her will provided your name is included in it.

Along with this, a partition suit is pending in the civil court. This means after the fact of legal heirship is proved by the parties, the court will come up with a partition deed, wherein the property will be equally divided between the legal heirs. As long as the case is pending before court, you cannot transfer this property to someone else as that is prohibited by Section 52 of the Transfer of Property Act, 1882. It clearly states that when a pending litigation exists on a specific property, it cannot be transferred or otherwise dealt with in a way that affects the rights of the other party.

Therefore, you cannot transfer the property to anyone until the court divides this property.

I hope this helps. Thank you for your time and patience!

Regards,

Aadil