Selling disputed property


hello sir,
there is an agricultural land in name of me and my brother. we have registry of half of the land in our name and it has been done by our grandfather. but all of a sudden my grandfather had registered the case because of the pressure of our cousins and uncle. the case is that we had forcefully registered that land in our name. its been nine years and all lower courts has given the case in our favour. they have again registered the same case in upper level court, in villagers language the court is called diwani. kindly tell me can we sell that land, it does not have any kind of stay but the land is being used by our cousins. do we need to vacant the land before selling. its the case of aligarh, uttar pradesh.

thank you.
 
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subregistrar/supdt.(retired)

As per your query, the case is going in the court.  how can you sale it?  Did your grandfather gift the property to you?   

 
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once the matter has been decided by the civil court then opposite party may file revision or appeal before higher court so you should contest there for more clarity i would like to examine your documents.
Regards
Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990
 
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thanks for answering.
our grandfather didn't gifted us the property. its a proper sale and purchase thing. we had paid the government registry fees and in papers it's clearly stated that our grandfather had sold this land to us and we had paid the amount which he asked us. there is no stay on the land. we had all the papers of registry of the land. the case is to cancel the registry. all previous cases results were in our favour. if we check U.P bhulekh website, we had our names there. we just want to sell it. can we do it or not??

thank you
 
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No, during pendency of the case you can't sell that land and yes you will sell when that matter will decide by the court. Better you should approach High Court for expedite your matter.
 
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No, during pendency of the case you can't sell that land and yes you will sell when that matter will decide by the court. Better you should approach High Court for expedite your matter.

Total likes : 1 times

 
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thanks for your anawers..
 
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Retired employee.

Any sale is subject to final judgment of the competent court.  Mere winning in lower court is not final when appeal is pending.  The question of facts and law on which the opposite party has gone for appeal is material.  But, it is proper to disclose the dispute to the purchaser.

 
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thanks for answering actually the purchaser knows everything and he is ready to buy it. so it means any result from the court will be beared by the purchaser.
 
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sir there is also one query
is there any time limit for appealing in higher court if one is not satisfied from the result of lower court. what is the time limit for a property related cases. the case is in district session court, lower courts had given the results in our favour.
 
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