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Order under Consent Term

Querist : Anonymous (Querist) 29 September 2010 This query is : Resolved 
An order was passed by City Civil Court at Mumbai in regard to 2 flats of my late father wherein the court had given 12 months time for disposal of flats and sharing of amount as per agreed terms. However now 12 months have passed but no action has been taken to sale the flats as two families are residing in them. Now my querry ire as under:

a) Does the order lapses if not carried out within given time?

2) Can, I ( one of the legal heir) can assign my share of 20% to a third party who is willing to pay me the share at market rate?

3) What other course of action is open to me ?
niranjan (Expert) 29 September 2010
If the parties to compromise decree agree to obey the decree,there is no problem. If in the compromise your share of 20 pc is agreed, you can sell your share.
Rajeev kulshreshtha (Expert) 30 September 2010
You can file execution proceeding.you cannot transfer your share because the condition is sale of flats and after that you will get your share in money.


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