Sale of property when a specific performance case is pending
Raja
(Querist) 22 September 2012
This query is : Resolved
we filed a specific performance suit against the seller after two months of expiry of the sale deed since the seller did not cooperate to sell the property to us(sale agreement(UN-registered) was on a Rs 50 stamp paper valid for two years by paying 1/6 th the property value). Now the seller tries to sell the property to someone else(again entered into an agreement with some one after taking a advance). Can we prevent this sale being executed legally? Please help. We are living in the 1st floor of the property which is under dispute and the seller lives in ground floor.
Devajyoti Barman
(Expert) 22 September 2012
File petition for injunction immediately.
Sale during pendency of suit is not illegal ipso facto.
Focus on getting injunction first.
Raja
(Querist) 23 September 2012
Thanks for the Reply Sir, what petition do we file and will this injunction help us?
Raja
(Querist) 23 September 2012
Thanks for the Reply Sir, what petition do we file and will this injunction help us?
prabhakar singh
(Expert) 29 September 2012
File an interim injunction application in the same suit to restrain the owner from entering
in to any other sale or agreement personally or through agent with any other body with respect to property in dispute stating your possession too.
