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Raj (Manager Exports)     07 January 2010

Sale deed of a property under dispute !!!

Hello Everyone

Don't know if i posted this on correct forum....

Our ancestral property is under dispute..which means court has given a judgement to divide the available property in equal ratio..but the decree is not 100% complete all the preceedings are not over and during this period some portion of the property has been sold to third party for capital gains..without permission from me or taking any NOC from me.

I have approaced a lawyer and filed a case against the guys who have purchased the property stating as illegal and fraudaulent purchase..is this right ?? am i doing the right thing ?? or they are legally allowed to buy such properties....can you tell me where in Indian penal code i can find such regulation.??

please help...

rgds

Raj K

 



Learning

 8 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     07 January 2010

You should have moved an application in the pending partition proceeding case and should have already obtained stay order against creation of third party interest by either of the parties to the dispute.

 

Anyhow, the proceeding started by you is also in the right direction but also make parties to the sellers and get the sale deed set aside as this sale is lis pendence and not binding upon your rights. You have every right to chellange it. IPC has no application in this matter except where the sellers might have claimed in the sale-deed that the property is free from all types of encumbrances and further that there is no dispute pending thereon.

 

You can file criminal case against seller and can even pray civil court to initiate action under section 340 Cr. PC against such sellers which are already parties to the partition proceedings.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     08 January 2010

who sold the property. Must be your co-sharer. right.

In the absence of any injunction/stay, the other cosharer can very well convey his share of property to any third party, but subject to result of litigation. Further, the co-sharer can only sell the undivided portion of the property without specifying metes and bounds. Otherwise nothing illegal in the said sale.

 

subhash kumar (advocate)     08 January 2010

dear, my dear learned friend  rajkumar given best

Subhash kumar, adv

Samarjit Banerjee (Assistant Manager)     09 January 2010

 

 

Hello Everyone,

I want to know is that what is the validity of the Rs. 10 and Rs. 100 Non-Juditial stamp paper.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     10 January 2010

I agree with Raj Kumar Makkad, since the suit is still pending and not yet decided,you could file an application as suggested by Raj Kumar Makkad

Nali Seshu Kumar (SOCIAL WORKER)     16 January 2010

Lis pendens operated ,the sale is void see decison of supreme court inappeal (civil)6764/2001decided on 1/5/2008  Guru swami nadar vsP. Lakshmi ammal .

Nitin Saxena (prop)     02 February 2010

Hi Everyone

I sold a part of free hold property to a party out of a plot which stands registered in my name and executed a registered sale deed through sub registrar office in new delhi but the consideration amount to be recived by me was through cheques out fo which one of the cheque got dishonoured due to the second partys mistake now i have  a very specific question that can this sale deed be cancelled and how? Although the physical posession of the sold part of property still lies with me but how can i challenge this sale deed.

raghunanda (medical)     14 February 2010

hello..

we have property which is  under dispute ,actualy our uncle had purchased siten by GPA AROUND 20 years back , we got registeration 10 years back under gpa holder registeration but uncle passed way after 5 years of registeration but gpa is in my uncle& wife name .  but both have  signed  but the problem is that the 1st from whom my  uncle got GPA has registered another person now his trying to claim the property

so .pls  tell me wht  i do .......


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