LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

zubair (m d)     17 December 2018

Prohibited list

Hello everyone Please help me Can a property which is in dispute be sold, court case is pending in dis.court. In SRO it is not in the prohibited list, HOW CAN I GET IT IN PROHIBITED LIST. WILL BE THANKFULLY FOR THE SUPPORT


Learning

 7 Replies

Suri.Sravan Kumar (senior)     17 December 2018

the maxim Caveat Emptor will apply. Take injunction order and submit the order copy to the SRO and also issue paper notice cautioning the public about the court case.

G.L.N. Prasad (Retired employee.)     17 December 2018

There are opportunistic purchasers for cheap amount, and they take risk.  As the final sale is subject to final judgment of the court, purchasers use their own influence on court cases.  In case if the judgment is against the seller the purchaser can not derive a better title on property.

zubair (m d)     17 December 2018

Thanks for the replys, can I give paper notification with out injunction order

zubair (m d)     17 December 2018

Thanks for the replys, can I give paper notification with out injunction order

G.L.N. Prasad (Retired employee.)     17 December 2018

You can contact advocate and can give such notification for the information of public as per law.  But, you can not avoid such sale when the purchaser wanted to encash the opportunity of purchasing a property at a throw away price, knowing the litigation and with much confidence on managing litigation, you can not do any thing.  Honestly I am not aware and has not come across any such instance where court has taken action against seller or purchaser for transactions in such property during injunction/stay order/lis pendense.

Suri.Sravan Kumar (senior)     17 December 2018

what will be the use if you give paper publication. Its nothing but waste of money. It is always advisable to get stay order and issue paper publicatiion.

G.L.N. Prasad (Retired employee.)     17 December 2018

There are many cases where parties dispose the properties deal with properties when it is under status quo/injunction orders and very rarely court takes it it into cognizance.

The prohibited list which member is referring to is limited to Govt. lands and Sub-Registrars can not stop such sales even if there is a stay order, and they say that Court has not directed them.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register