Co owner refusing to sell the property after taking token

i asked buyer to take my share but he is not taking it saying that there is status quo in court. why buyer is not buying my share?

Once there is court order called status quo, the old status has to be maintained;  you cannot enter into a sale agreement with a third party whatever may be your claim until the suit is disposed. The status quo is also a kind of injunction and violation of this order also will attract contempt proceedings against the violator.  Please keep in touch with your lawyer regularly, see if things can be settled at Lok adalat but for that lot of other issues have to be considered viz., 498a, dv case etc., which have been unnecessarily allowed to be dragged in into your life.

thanks for the reply. there must be a way to come out. i am not creating any third party but want to sell the share to same buyer who got status-quo genuinely. what is the legal way to do it. he is not doing part registration or filing consent term in same court. is there a way in same court to sell my share to same buyer. the buyer has not deposited proper court fee. 3 years has passed and property rate is increasing. want to get my share and go ahead.

Satya,

There is an evidence for entering into a sale agreement and have acknowledged the receipt of advance amount paid by the buyer through a cheque.  Now since your wife is fraudulently trying to alienate the property through fake POA, the buyer is not willing to accept the POA for the fear that you will create problem in the future in respect of your share in the property however to safeguard the property from being alienated to any third party, the buyer has obtained an order of status quo from the court of law and also has filed a suit for specific performance of contract in which he impleaded you, your wife and her mother as parties.  Pending suit in the court, you cannot sell your share alone because that was not the recital of the sale agreement, moreover how can you identify your share in the property held in joint possession, the sale consideration price is as per the value on the date of agreement and it will not increase on the basis of current value of the land.  You may have to wait or try for talks through mediators for an out of court settlement.

thanks for reply,

buyer has not deposited court fee for specific performance and not doing it fast. can i file a notice of motion or consent term agreement in same court or high court for giving my share to him as per the same agreement for taking my payment. (there is stay on lower court proceedings from high court ).

Is it possible if i want to do out of court settlement with buyer? will this out of court settlement will be helpful to him? if this is possible then how?

i am in touch with the buyer and he is giving reason that if legally it is possible he will take my share and pay me from bank loan on same. he has not paid me any token or advance in my name. whatever he paid earlier was in my wife's name by cheque. i am going through money crises so want to is asap

please suggest me in which way legally i can get full or part of my payment from buyer

Satya,

You are entitled to  receive sale consideration amount proportionately as per your share in the joint property and if the sale agreement is for the whole property, you may have to wait until the court decides about the case to get your share of amount.  The buyer need not deposit the balance of sale consideration amount with the court so soon especially without being told to do so by the court, he has to express his willingness and readiness to deposit the same with the court any time as directed by the court.  The stay in the high court has to be vacated for re-commencing the trial in the lower court. In the lower court you may submit to the decree prayed for by the plaintiff  and claim your share of amount through court itself.  The out of court settlement involves all the parties to arrive at an understanding hence see if there is  any chance to do so or you have no other alternative than to wait for the court's decision even if it takes decades together to finalise the issue. 

thanks.

my wife entered in to property illigally and did contempt of court. after that she filed dv case in court. contempt of court as notice of mothin is filed by buyer in his suit. i want to know that will dv help her for not leaving the possession or court will order status-quo ante irrespective of dv.