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venkatesh (Prop)     10 December 2018

inherited property dispute, Karnataka india

High Court has drawn a decree in family partition suite after filing of compromise affidavits,with percentage of share and has directed trial court for appointing Court commissioner to demarcate, survey and for allocation with schedule. in this scenario any sale affected,can it be cancelled on Lis pendency


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 2 Replies

Siddharth Srivastava (Advocate)     10 December 2018

lis pendency means that fate of case will affect the transfer if made during pendency of case. so if on partition the sale made earlier by any legal heir of the portion or property fallen within the share of such legal heir then the sale shall remain in force and be binding. principle of lis pendency would not affect such sale.

Kumar Doab (FIN)     11 December 2018

During litigation; Nothing should change….so as to avoid endless litigation, avoid abuse of legal process , …

Property is transferred from the transferor ( or seller) to the transferee (or buyer)..

If seller has title ownership then only seller could sell.

The seller that sold cannot/must not reduce his share in compromise settlement that may affect, earlier sale.

The transferee may be affected by affected/bound by result of suit.


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