Sale of share in undivided property
Rishad
(Querist) 26 March 2014
This query is : Resolved
We have a undivided property where 5 out of 6 members have agreed to sell their share. The 6th member has refused and filed suit in court. he has received interim relief that no one will depose him for his room. As it is we were only selling our share and giving possession of our held rooms to the buyer.
Now after settlement in court he was given time to bring higher bidder for the property as he had claimed. But instead he started a shop in the residential house and is harassing the other members, Should we wait for court time of a month to expire or can we sell our share and leave. Even the court had told us that as per mohmeddan law you can sell your share and it cannot be stopped. But my query is should we wait for court time or can we proceed before that without comtempt of court.
R.V.RAO
(Expert) 27 March 2014
if court has specified a month time to wait in clear terms,better abide by court verdict.else for any unexpected turn of events you will be held liable and court also cannot come to your rescue.
