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Raja (TM)     22 September 2012

Sale of property when a specific performance case is pending

We filed a specific performance suit against the seller after two months of expiry of the sale deed since the seller did not cooperate to sell the property to us(sale agreement(UN-registered) was on a Rs 50 stamp paper valid for two years by paying 1/6 th the property value). Now the seller tries to sell the property to someone else(again entered into an agreement with some one after taking a advance). Can we prevent this sale being executed legally? Please help. We are living in the 1st floor of the property which is under dispute and the seller lives in ground floor.



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 1 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     23 September 2012

in the specific performance suit have you got the interim order from the court restraining the seller from selling or alienating the property till the final disposal of the suit???? if yes, then it is a contempt of the court and you need to bring it to the notice of the court. If interim order is not passed, then you need to pray before the court for such orders and restrain the seller from selling it.

 

hope your advocate is aware of this development and have informed you about such oders needs to be obtained from the court.

 

Regards,

Advocate Rohit Dalmia

Mumbai

9324538481


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