Lispendens

Saikat Das (Querist) 21 October 2024 This query is : Resolved
My client purchased a dwelling house from Mr.X who got it from her mother by a registered deed of gift. Mr. X had other brothers but they did not bother and did not raise any hue and cry at the time of execution of conveyance and the property was transferred to my clients name. My client also published a notice in newspaper before buying the property and no objection was raised from any quarter. Even bank provided home loan to my client upon being satisfied with the papers.Subsequently after 2 years one brother of the vendor filed a civil suit in the munsef court challenging the deed of gift and revocation of sale deed impleading my client.In the mean time the doner died and Mr.X is not contesting the suit but my client has filed defense in the said suit.My client is a senior citizen and want to sell the property.Is there any bar?Please advice.
S.Das

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Quick Summary

A client purchased a house, but two years later, the vendor's brother filed a lawsuit challenging the original gift deed and sale. The client, a senior citizen, wishes to sell the property but is concerned about the pending litigation. While the property can generally be sold, it's crucial to contest the lawsuit and obtain a dismissal, especially if no injunction is in place. The maintainability of the suit depends on the original owner's clear title.

kavksatyanarayana (Expert) 21 October 2024
Your client obtained the property through a registered gift deed. So he can sell the property.

T. Kalaiselvan, Advocate (Expert) 21 October 2024
If your client has been impleaded in the suit filed by the brother o the vendor then he needs to contest the suit and get it dismissed on merits as well as on the basis of the documentary evidence in his possession. He cannot sell the property during pending of the civil case in this regard.

Advocate Bhartesh goyal (Expert) 21 October 2024
Your client can sell the property if court has not restrained him by injunction order.

Dr. J C Vashista (Expert) 23 October 2024
The suit filed by brother is not maintainable and shall be dismissed, if properly contested.

P. Venu (Expert) 24 October 2024
How did the mother acquire the property? If she had clear title, the suit is bound to be dismissed.

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