Selling of a property

Querist : Anonymous (Querist) 17 December 2011 This query is : Resolved
Sir
I have purchased an aggricultural land of 3 Acres in 2003 and registered in my name and mutations are done in revenue records. The relation of my VENDOR filed a case in lower court that he is having share in the property and the lower court given judgement in my favour and dismissed the case. The land is in my possession only.Afterthat I have offered the land for sale and entered into sale agreement and taken advance amount. By knowing this the relation of my VENDOR appealed in District court and I received the summons. So at this situation I can not stop the sale because I need money very urgently.So I am requesting pl intimate what precautions shall I take when writing sale deed to my VENDEE ? And I am ready to bear legal expences to challege the case in District court.

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Raj Kumar Makkad (Expert) 17 December 2011
As there is no stay order of the appellate court so you can freely make sale and if vendee insists to include any term in the sale-deed only then insert that 'if the vendor loses the right of ownership due to pending litigation, this sale shall be treated as cancelled and in that event the sale consideration shall be repaid by vendee and possession shall be handed over by vendee in favour of vendor.

Dayananda Gowda (Expert) 17 December 2011
If their is no stay in the appellate court you can sell the property. But during the pendancy of appeal any person purchase the property he will be suffered.