Selling a disputed property

tarun (Querist) 16 May 2011 This query is : Resolved
My grandfather in the presence of two witnesses has transferred a piece of land to my father in 1989. We have all the papers and the 2 witnesses are still alive. Now my uncle (my father' elder brother) has filed a case (in 2008) in court saying that my father has
presented someone else instead of my grandfather. In first date, the magisterate ask us not sell this property ? Now a person wants to buy this property and saying that he will bear the consequences of court result whatsoever. So can we sell it or not as per law.

Follow Query

Report Abuse

R.Ramachandran (Expert) 16 May 2011
If the Court has directed you not to sell the property, and if you sell property against such a Court order, then you will be hauled up for CONTEMPT. If you are prepred to face it, then do it.

Jitendar Kumar gupta (Expert) 16 May 2011
if the court grant the stay for not selling the property then you cnanot seel the property.
J.K.Gupta Adv.
guptajkin@gmail.com

Guest (Expert) 18 May 2011
Has the magisterate asked you verbally not to sell the property or by issue of a written stay order? Position can be different in both the cases.

tarun (Querist) 18 May 2011
He asked verbally to us that don't sell this property.we don't know whether he has written it some where or not.One property agent is agreed by saying that he will set a meeting with the concerned judge and will put case in your favour. But we are scared because we don't want to do anything against law.

Sri Vijayan.A (Expert) 18 May 2011
1. A property can be sold during the pendency of a suit/case.
2. The seller must inform about status of the dispute to the purchaser.
3.If the purchaser buys the property with the knowledge of the suit, no problem.
4. The magistrate can not order you NOT to proceed on sales.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now