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(Guest)

Property sold during lis pendense

Property under lis pendense is sold by registered sale deed.

What is solution for a person who registered notice of lies pendense? 



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 6 Replies

bsrao   10 May 2015

It will breath into life only after the lis is settled in favour of the executants. 

TGK REDDI (No designation)     10 May 2015

BS RAO Dear Sir What, then, is the necessity of attachment? Kindly elaborate.

bsrao   10 May 2015

What attachment? I advised on the fate of registration of property that is subject matter of a legal dispute. Please be clear Mr. Reddy! 

TGK REDDI (No designation)     11 May 2015

Shri BS Rao

Thanks for response.     I lent money.      I filed a suit.      In the suit I furnished details of his property.     I think the property was under lis pendense.   The borrower was trying to alienate the property.      I had to get his property attached.     

Even if property is not under lis pendense, its registration will be void unless the owner has absolute right on the property.    Legal dispute need not exist.

Sir, kindly enlighten me.     I will highly appreciate your clarification. 

bsrao   11 May 2015

You need to mention full facts if you need advice.  I think you filed a suit for recovery and during the pendency, he sold some property that you sought to attach. You are now asking if the borrower can alienate the property during the pendency of the suit.

 

If you have sought interim relief by way of attachment of property and the borrower (or the new buyer) has knowledge of this suit, then he is estopped from alienating the property. However, if he has no knowledge, then you have no remedy.


(Guest)

Ancestor property which was in the name of two real sisters sold to their son by sale deed during the lis pendens. Since crops are movable property according to sec. 52 of Transfer of Property Act is not applicable to it. Registrar allowed to register the sale deed because lis pendens is registered for  crops mutation entry case. Thus sale deed was registered. Sellers and buyer has no problem of this lis pendens. But the question is –

1)The person who has registered lis pendens whether he has option to go to court to cancel sale deed?

2)Can he get stay for  not changing  mutation entry in the name of new buyer ?Or

3)What legal actions are available to him to proceed further against sale deed, or all persons who are involved in sale deed?

 


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