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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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 Online

(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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