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S.Surendra Sharma Sharma   16 June 2018

Property sold before final decree

Sir/sirs

To make a long story short: 3/4 of a building was surreptiously by my kin just after the prilimany decree ruling that I have a claim for 1/4 of the share. My kin are absentee claiments. Therfore they sold their 3/4 of the share to a third party for a throwaway price of Rs.12 lakhs - a property that would fetch nearly a crore in 2004! Now the third party claims the 3/4 of the property(building) and asked the lower Court to pass a final decree in his favour as he is the purchaser! Is he entitled to claim as the buyer during this pendency period(final decree)? What doe the law say? Please enlighten me.



Learning

 2 Replies

Dr J C Vashista (Advocate)     17 June 2018

The facts given are vague and vital information is missing/concealed.

Till final decree is passed by the Court suit property is common/ undevided/ un-demarcated.

S.Surendra Sharma Sharma   17 June 2018

Thank you, Sir.. If  I wish to get back the sold part of the building will the original price bought for by the buyer will hold?


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