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Mohan (manager)     16 September 2009

Stay on Disputed Property

Hello,

I have a question for the esteemed members of this forum.

I have a property, which is under dispute with my relative. 90% of the property is legally owned by my relative, while the remaining 10% is under dispute between both of us.

Now my relative wants to sell of the property to a third party.

We wanted to give a stay on the property, but our lawyer says that it is not possible to give a stay, because the property is under dispute. At the most, we can give only a temporary stay against the sale of the property.

Now this is very puzzling, hence I would like to take the opinion of members in this forum.

Moreover, if the disputed property is sold to a third party, does the case automatically gets transferred to the third party and will we have to start from scratch on the case.

Kindly let me know.

Thanks,

Mohan.

 

 



Learning

 2 Replies


(Guest)
Undisputed property he can sell. You can get stay order for disputed property only.

Prakash Yedhula (Lawyer)     17 September 2009

You can file a suit for declaration regarding the portion owned by you  and seek for a stay pending disposal of the suit. A sale made to a third party would not in any way affect your right in the property.  


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