Undevided unpartioned residential property

Querist : Anonymous (Querist) 26 March 2011 This query is : Resolved
Can any share holder of an undivided unpartitioned residential house (with court stay order), sell his share to the stranger?

My father has a undivided unpartitioned residential house. He has one sixth share of this house. Other co sharer has five sixth of this property. On July, 2004, my father had gotten the stay order from the court about the sell of this undivided property , thus the co-sharer can not sell his unpartitioned five sixth of this house. But recently he (other share holder) sells his portion to the stranger without giving any notice to my father. Is that possible? What can my father do against this? And how could he stop the stranger to enjoy this undivided unpartitioned property with court stay order?

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M.Sheik Mohammed Ali (Expert) 26 March 2011
before stay is going on , the co-sharers must got concern the court, and what court give stay, what said the stay order, give the details.

Querist : Anonymous (Querist) 26 March 2011
Thanks for your quick answer. Actually the co-sharer sold the property and stranger is staying at premises. What detail you want when you say "what said the stay order, give the details"... Please let me know if you have any specific question in lay-man's term as I don't understand the jargon of law etc.

adv. rajeev ( rajoo ) (Expert) 26 March 2011
when co sharer is sold his property. If partition suit is decreed at the time of FDP the sold share of the person will be adjusted to his share

bhagwat patil (Expert) 26 March 2011
As the litigation is going on in the court.the court stayed the further transfer of the property.if either of the party transfers the by way of sale deed it amounts to comp-tent of the court.file application to court. court will ask to arrest both of them.

Querist : Anonymous (Querist) 26 March 2011
Thanks Mr Rajeev and Mr Patil.

To Mr Rajeev - the property is an undivided joint property - is it possible to have it partitioned without any knowledge of other party (My dad)? If the answer is no - then the property is still un-partitioned.

To Mr Patil - got a light of hope. What I want is 1. somehow vacant the space where my relative used to stay and now that stranger party is staying (as I am feeling unprotected in that house). 2. Cancel the registration of the property transfer between the co-sharer and stranger. If I want both 1 and 2 - is it mandatory to buy that portion from my co-sharer?

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