Sale of joint property inspite of court orders

B Singh (Querist) 04 January 2015 This query is : Resolved
In joint property inherited from parents one brother tries to sell the property inspite of civil court status orders that property shall not be disposed off. My query is that if my brother sell the present property which is indispute can I initiate action against the seller and purchaser keeping in view the court orders stay. Please advice

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Devajyoti Barman (Expert) 04 January 2015
Yes, you can inItiate proceeding as provided for under Order 39 Rule 2A of CPC.

Rajendra K Goyal (Expert) 05 January 2015
Yes is the answer.

Isaac Gabriel (Expert) 06 January 2015
The sale if any done before the disposal of the case could be quashed.

B K Raghavendra Rao (Expert) 07 January 2015
The brother is just trying to sell the property in spite of status quo order from the court. If he sells it, he would be committing contempt of court. Better issue a legal notice to him and the purchaser as the sale at this point of time is prohibited.

T. Kalaiselvan, Advocate (Expert) 08 January 2015
As a precaution, you may give a publication in the local news paper cautioning the prospective buyers that the property is under litigation and the buyers are warned not venture into the risk of buying the same lest will be attracted towards contempt of court.

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