Ancestral property disposal
Querist :
Anonymous
(Querist) 19 March 2021
This query is : Resolved
Sir,
Sub : Can be the suit property (ancestral ) sold to any prospective buyer who wishes to buy, while the case is going on in district court and as well as in High court ?.
I am a Senior Citizen, aged 62, have a ancestral property, inherited by my grand father. In a district court the suit property was given judgement on my favour and accordingly I proceeded with Final Decree Proceedings (FDP).
Mean while, the other party (Dependents – Cousin Brothers & Sisters), one of them went to High court saying that there is some points, which were not considered while delivering the judgement and he wanted to reconsider the same, for that the high court has given STAY order to District court, to stop the FDP and wait for the further order. It has taken more than 5 years in high court to come to the Bench for hearing, reason was given that the summons are not surved.
Now I am a retired person and getting very less amount of Pension as per the norms & am not able to protect and run my family because of very meager amount, what I am getting . So considering the above, I wish to dispose off my Share of Property on the basis of Preliminary Judgement if any prospective buyer wishes to buy.
My question is can I sell / dispose my share of property legally to the buyer, even the case is pending in the district court and High court ?. What are the legal steps to be taken while disposing the property to the buyer ?. Is there any problems will arise from our Cousin’s and it will trouble me.
I seek your Valuable advice in this matter.
Regards
K.S.Ramaswamy Advocate
(Expert) 19 March 2021
In my view since the matter is in both the courts and stay is in force, the property cannot be disposed of. However, the quriest may consult his lawyer for more clarity in the matter.
kavksatyanarayana 
(Expert) 19 March 2021
In the present situation stated by you, you cannot sell it when a court case is pending.
K Rajasekharan
(Expert) 19 March 2021
There is no stay order in force prohibiting the sale of your share to a prospective buyer. What is stayed here is the proceeding in the partition suit alone.
You can sell your share and a prospective buyer can buy your share, on the condition that the decision of the court in the pending suit will be binding on the party who purchases your share of land.
If you want to sell the share you must bring this matter to the buyer properly and he would be willing to abide by the court judgement in this regard.
What is prohibited in law when a suit is pending is that any sale of the property in question in a suit should not infringe any of the rights of the other party in the suit.
Sankaranarayanan
(Expert) 01 April 2021
Yes based on your points the property is under dispute and case or cases pending before the court so you shall wait till the judgement of the court
