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(Guest)

Property boundary issue

My wife and I bought a property from a relative two years back.  My sister also bought land next to ours from the same relative. Now, my sister has filed an appeal (anyayam) requesting any kind of transaction on our property against my wife and me, stating that the property we bought does not have the right boundary. We have a potential buyer for our property. What would be the outcome of my sister's petition? She will not withdraw the case and is not willing any negotiations. The court has not ordered a stay yet.



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 7 Replies

Dr. J C Vashista (Advocate )     08 April 2024

The case is stated to be sub-judiced hence it is better to consult your lawyer who is well aware about facts of the case and competent to satisfy your queries.

Mr. Sumitra kumar (Advocate)     08 April 2024

Concurred with Learned member.

 

Thank you.

Shashi Dhara   08 April 2024

Defend in court with your documents.

Yashodhan Sawant   08 April 2024

You may move an application for appointing a Court Commissioner to survey and demarcate the land under Order 26 Rule 9 of the CPC. 

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T. Kalaiselvan, Advocate (Advocate)     08 April 2024

If there's no order of injunction or restrictions to sell the property you can proceed with the sale of property.

If she has filed a suit you may challenge it properly as per law and get it dismissed on merits.

You have a lawyer to contest the case but you have not stated his opinion here to enable us to render further opinion 


(Guest)

I appreciate the response. There is no order of injunction or restrictions ordered by the court yet. The court date is next month, and we have appointed a lawyer. The sale transaction date of the property is before the court date.  Do we need to let our buyer know the issue? We are afraid that he might back off.

T. Kalaiselvan, Advocate (Advocate)     10 April 2024

You can remain silent until executing the registered sale deed. 

After that if the plaintiff comes to know about this sale,  she may implead him as necessary party. 

You can support your buyer then 


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