Land matter

Querist : Anonymous (Querist) 04 May 2022 This query is : Resolved
In a partition suit, civil court ordered to divide property.but plaintiffs didn't file execution petition yet. Now plaintiffs and defendants in said partition suit unanimously taking dicision to sell property altogether to a 3rd party.they don't want divide property.so should they get any permission from civil court to sell property.while no disputes between owners,can they sell by themselves without court's consent?

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If a civil court has ordered property division in a partition suit, but the plaintiffs haven't yet filed for execution, all parties can mutually agree to sell the property to a third party instead of dividing it. No specific court permission is required for this sale, provided all owners agree and no objections are raised. The sale proceeds should then be divided according to each party's share as determined by the court. It's advisable to note this mutual agreement in the sale document to prevent future complications with heirs.

Dr J C Vashista (Expert) 05 May 2022
No permission or consent of Court is necessary for the parties and they can sell it without execution of decree, however, neither party should raise objection to transaction.

Advocate Bhartesh goyal (Expert) 05 May 2022
Yes, no permission of court is required when both the paties to suit are agree to sell the property but sale consideration have to be divided between them as per their share in property decided by court.

kavksatyanarayana (Expert) 05 May 2022
Yes. I agree with the view of the above learned experts. If all the parties in the suit mutually agreed to sell the property without partition, then they can but the same may be mentioned in the sale document to avoid legal complications from the heirs.

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