Selling flat under litigation

KK (Querist) 23 September 2014 This query is : Resolved
I own a flat in Mumbai where my Brother is staying as gratuitous licensees.The building is going in for redevelopment and and the builder is expecting the IOD soon. Brother is now threatening of not vacating the flat and had filed a case in City civil case against me claiming certain rights over the flat.
Can I sell the flat to the builder or anyone else while the case is still underway?

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Devajyoti Barman (Expert) 23 September 2014
Since the flat is litigated you better sell the flat else you gave to move around court for rest of your life.

KK (Querist) 23 September 2014
Sir, so once IOD comes should i offer to sell flat to the builder and then he can deal with my brother to get vacant possession, instead of me having to file possessory suit? Thank you.

BAALASUBRAMANNYAMM (Expert) 23 September 2014
Barman ji is correct.

ajay sethi (Expert) 24 September 2014
what basis is your brother claiming rights on said flat? flat in Mumbai must be worth over a crore . on redevelopment you would get an additional bedroom . better settle with your brother

Rajendra K Goyal (Expert) 24 September 2014
It is advisable to have amicable solution with your brother.

T. Kalaiselvan, Advocate (Expert) 01 October 2014
Instead of a third party having a benefit out of your property, why don't you go for a amicable situation with your own brother so that atleast the relationship may be held in tact.

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