partition suit & eviction process
arundhati datta
(Querist) 01 June 2010
This query is : Resolved
i am one out of four sharers of my grand father's propety.atpresent a partition suit is going on & the same is not dispossed yet.but inspite of this one of the other co share holder has sold out the entire house without any consent of ours.and ote man who bought the house has served us with eviction summon.i dont to do?please give me a solution & tell me what is our standing.
Ruchi Gupta
(Expert) 01 June 2010
This sale is null and void. Acc. to Sec. 52 of Transfer of property Act, IT COMES UNDER THE DOCTRINE OF LIS PENDENS. U can show the court about the partition suit.
B K Raghavendra Rao
(Expert) 02 June 2010
You have not lost your share. The sale is not valid. Apart from facing the eviction suit, you need to file partition suit and challenge the sale executed by another co-sharer.