bhanu prakash 02 January 2021

Is Sale of property valid even though it is attached in court

We have ancestral property on the name of grand parents and they are alive. We have filed suit of partition but defendents arguing partition happened already without my father ( one son among 4 ). As per their stand they have divided 5 shares ( 4 sons and parents ). I have attached all shares in court for seeking partition. In the period of court proceedings till judgement can they sell / gift the property ? if they do so is it valid ??

Thanks in Advance Sir / Mam

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4 Replies

Kishor Mehta (CEO) 02 January 2021

Property under attachment of Court can not be dealt with in anyway.

G.L.N. Prasad (Retired employee.) 02 January 2021

According to you property is "attached", how such attachment is done by Court ?

Dr J C Vashista (Advocate) 03 January 2021

No, Sale transaction of the property attached with Court is not free from encumbrance, hence it is invalid and illegal.

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