Sale of a Flat

Querist : Anonymous (Querist) 10 May 2011 This query is : Resolved
If a flat owner has a case pending in the court regarding encroachment made by him, can he sell the flat?

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bhagwat patil (Expert) 10 May 2011
YES HE CAN IF NO STAY ORDER IS THERE.

A V Vishal (Expert) 11 May 2011
Yes he can, provided the court has not asked to maintain status quo or granted any injunction order. However, if the outcome is against the vendor then he will need to indemnify of the losses to the vendee.

Querist : Anonymous (Querist) 11 May 2011
As the seller of the flat has encroached the open balconies and the high court issued a stay of construction which was ignored and a contempt case is pending in high court. The regularizastion was rejected by the corporation and the party approached the junior civil judge and obtained a stay against the corporations notice for demolition which was latter expunged. The party then obtained a staus quo from the Addl. Chief Judge and the CMA Is pending.

Raj Kumar Makkad (Expert) 11 May 2011
In the light of facts stated there should be sale until the case is finally decided.

M/s. Y-not legal services (Expert) 11 May 2011
yes.. if there is no stay is pending, also if any one ready to buy it mean he can sale the property?

M/s. Y-not legal services (Expert) 11 May 2011
but the sale deed may be cotain the every daetails.. if the buyer knew the entire facts mean he only responcible for good and bad..

Querist : Anonymous (Querist) 11 May 2011
If the sub registrar of sale is informed about the sittuation then the buyer would be aware of the case pending in the court. Is this possible in this sittuation?

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