Is it possible to sell the property with court permission?

This query is : Resolved 
 

(Querist)
03 June 2020

Hello dear lawyers,

A civil case which has already be decided in the court is in appeal.
The case is very bogus and it has been filed by some goon relative just to create hurdle so that we are mentally harassed and so that we cannot be able to sell the property.

MY QUESTIONS ARE-

1. Is it legal in law to take permission from the court to sell the property.So that the court can look into the matter and give permission so that we can sell the property.CAN WE PROCEED IN THIS WAY?

2. If anyone file fake civil cases that leads to mental harassment for many years. CAN WE DEMAND COMPENSATION OR FILE SUIT FOR MENTAL HARASSMENT COMPENSATION?

Please guide me..


KISHAN DUTT RETD JUDGE (Expert)
03 June 2020

Dear Sir,
My answers are as follows:
1. Is it legal in law to take permission from the court to sell the property.So that the court can look into the matter and give permission so that we can sell the property.CAN WE PROCEED IN THIS WAY?
Ans: Direct permission cannot be given. Suit cannot be filed for that purpose only.

2. If anyone file fake civil cases that leads to mental harassment for many years. CAN WE DEMAND COMPENSATION OR FILE SUIT FOR MENTAL HARASSMENT COMPENSATION?
Ans: You should not have allowed it to go ex parte or at least after knowing it you should have filed setting aside such then you can claim compensation.

Raj Kumar Makkad (Expert)
03 June 2020

You need to reply the following questions before getting the proper reply:

What was the outcome of the civil suit and who has filed an appeal against the judgment passed by the trial court and whether the judgment passed by the trial court has been got stayed by the appellate court?

Ranvijay Chaudhary (Querist)
04 June 2020

@Rajkumar makkad sir, The suit got dismissed.We are defendants.Plaintiff is a goon who is filing suit just to mentally harrss us and get money out of us.The case is in appellate court. NO INTERIM ORDERS as of now.
Case is bogus, plaintiff is trying to get money out of us just by mentalliy harrsing us and stetching the case.
The case in trial court took 7 years.

Rajendra K Goyal (Expert)
04 June 2020

You said:
1. Is it legal in law to take permission from the court to sell the property.So that the court can look into the matter and give permission so that we can sell the property.CAN WE PROCEED IN THIS WAY?

Reply:

You can approach the court to get permission.

You said:
2. If anyone file fake civil cases that leads to mental harassment for many years. CAN WE DEMAND COMPENSATION OR FILE SUIT FOR MENTAL HARASSMENT COMPENSATION?

Reply:

Yes you can.

K Rajasekharan (Expert)
04 June 2020

If no stay is there in force from any court barring you from selling, no law is preventing you from selling the property just because an appeal is pending.

In other words an appeal is pending in regard to the property is not a bar in selling that plot.

The only problemĀ in such a case is that the decision of the appeal yet to be pronounced will be binding on the purchaser, in regard to the claims the appellant is entitled in the judgement.

This is called 'lis pendence' in law. Since the legal provision in regard to lis pendence is drafted in a peculiar manner, many advocates even believe that when a case is pending or is not concluded, the property in question cannot be transferred. That is not true.

Dr J C Vashista (Expert)
04 June 2020

Since the suit of plaintiff is already dismissed and the judgment has stated to have been assailed, where appellate court did not grant any stay of operation of the order/ judgment passed by Trial Court, implies that you can dispose it of.
I agree with expert advise of Mr. Rajshekaran the proposition of "lis pendens" is inapplicable in the instant case.
However, it would be appropriate to show the appeal file to another local lawyer for appreciation of judgment/ order and the pending appeal, if you are not satisfied with the lawyer already engaged by you.

Raj Kumar Makkad (Expert)
04 June 2020

There is no legal hurdle in selling the said property. Go ahead as desired.

P. Venu (Expert)
04 June 2020

Yes, you can sell the land, there being no stay given by the appellate court.

Ranvijay Chaudhary (Querist)
05 June 2020

Thank you experts.....................

Raj Kumar Makkad (Expert)
05 June 2020

You are always welcome Mr. Ranvijay.

Rajendra K Goyal (Expert)
05 June 2020

You are welcome, may revert in case of any question on the query.



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