Agreement of sale cum gpa

S. Sudarshanam (Querist) 13 April 2014 This query is : Resolved
Dear Sirs,
We have won the case of my deceased brother's property as defendants. After the judgment delivered, the plaintiff registered a plot under 0111 Agreement of Sale cum GPA.
Further the plaintiff appealed in higher court and it is pending now.
The Judgement passed on 31-3-2010 and the said registration done on 9-6-2010.
Please let me know the validity of the said agreement of sale cum GPA.

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Devajyoti Barman (Expert) 13 April 2014
The sale is not itself but is governed by rule of Lis Pendence i.e the purchaser shall be bound by the outcome of the litigation.

If there was any injunction order then also the sale is not invalid but you could have initiated contempt proceeding against the seller for violating court's order.

Dr J C Vashista (Expert) 14 April 2014
Was there any injunction (stay) on the property when agreement to sale was executed? If yes, the vendee is bound by outcome of the case, otherwise, valid. However, sale transaction on GPA has been done away by Supreme Court after delivery of judgment in Surya Roshini case, hence invalid.

Rajendra K Goyal (Expert) 14 April 2014
Agree with the advise of experts, purchaser is bound with the outcome of the litigation.

T. Kalaiselvan, Advocate Online

(Expert) 14 April 2014
If there found to be any violation of the court verdict, a contempt application may be moved against the violators before the court for relief.