Property sold during active parition deed suite

Guru (Querist) 05 August 2026 This query is : Resolved
Hello sir , parition deed suite is running , so far 9 hearing is completed and in last hearing daily order is issue frame . but 2 days ago we came to know that defandants/respondant sold one of the property in January-2026 which is menyioned under schedule in the suite/plaint documents . may I know what are solution now for us ? thank you .

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If a property is sold while a partition deed suit is ongoing, it raises serious legal questions. Typically, property cannot be transferred during such proceedings. You should obtain details of the sale and present this information to the court for appropriate action.

kavksatyanarayana (Expert) 05 August 2026
While a case is pending in a court, the property cannot be transferred in any way. If the respondent sold any property, you obtain the details with a copy of the document and put before the court.

P. Venu (Expert) 05 August 2026
Partition suit implies that the property is commonly held. If so, how could some among the joint holders sell the property?

Guru (Querist) 05 August 2026
May I know sir , do we need to file fresh new case like criminal case ? Which section does it comes under sir .

Guru (Querist) 05 August 2026
dear sir , they have done it via gift deed . My advocate saying we need submit impugned application via injection application . I have no idea . If they keep selling.keep on submitting the application and making the person party who purchased it .

P. Venu (Expert) 06 August 2026
you are yet to provide the information sought.

Guru (Querist) 06 August 2026
this partition suite sir is of daughter , and partition is done between 2 sons in 2021 that is property shared between 2 sons not shared or given to daughters but now daughter hass ubmitted partition suite in the court on 2025 but now in 2026 they have sold the agriculture land in 2026

kavksatyanarayana (Expert) 06 August 2026
What is the opinion of your lawyer? You submit to the court the fact that while the partition suit is pending, they sold the land through your lawyer.

Guru (Querist) 06 August 2026
Sorry . They sold thr land themself on their own .not through my advocate . My lawyer satin that needs to apply impugned application for this .

P. Venu (Expert) 06 August 2026
".......... partition is done between 2 sons in 2021 that is property shared between 2 sons not shared or given to daughters ............" Whose land? Why the daughter(s) had been excluded? Was any partition deed executed?
Please post the complete facts.

Guru (Querist) 07 August 2026
dear sir, property is of father that is ancestor property . and partition deed executed in 2021 in sub registrar but property is shared between only 2 sons , not between 4 childrens among 2 are daughters . for that 2021 partiton deed executed , daughters has been signed in 2021 but now they filled a suite for the 1/4 share property in 2025 and so next stage is issue frame but now we came to know that one of the agiculture land is sold by that 2 sons . thank you sir.

T. Kalaiselvan, Advocate Online

(Expert) 07 August 2026
if you come to know that a portion of schedule property has been sold then you may have to implead the subsequent buyer as necessary party and also file an application seeking injunction against all of them to restrain them from alienating the property till disposal of main suit.

Guru (Querist) 07 August 2026
Yes sir , my advocate also says the same .

May I know sir , can't file a criminal case on them about this ? Thanks sir .

P. Venu (Expert) 07 August 2026
No criminal case lies in the given facts.

Guru (Querist) 07 August 2026
dear sir , how come ? is not fraud or attempted to fraud .

kavksatyanarayana (Expert) 07 August 2026
No. A civil case...............................................

Dr. J C Vashista (Expert) 08 August 2026
It is not a criminal case.
The facts have been manipulated where part of the property is stated to have been sold / partitioned / gifted, which one of the three situations is true if it is a true story ?

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