Property sold in pendency of suit
Chetan
(Querist) 17 November 2010
This query is : Resolved
That in the suit for partition filed by sister, the brother of sister sold the Suit property The sister filed the suit in Junior Divi. Court whereas the brother sold the property on Rs. 10 LakhsI am for plaintiff
what can I do
Whether the purchaser can add in partition suit and get stay against him ?
Whether to file a separate suit for declaration and cancellation of sale deed?
Pls guide me if any other remedy with case lawsRegards
s.subramanian
(Expert) 17 November 2010
No need to file any separate suit for cancellation of the sale deed. It will not bind your client. You can add the purchaser to the pending suit as a defendant and plead that the sale in his favour is illegal and void.If the sale was made during the pendency of the suit it is hit by lis pendens doctrine.
Sri Vijayan.A
(Expert) 18 November 2010
With the knowledge of pending suit, if the buyer bought the property, the sale is valid and he has to accept the outcome of the suit.
If he does not know about the suit, he may initiate procedings against the seller.
In any event, the buyer can be added as a defendent
Khaleel Ahmed Mohammed
(Expert) 24 November 2010
Your suit for partition under valued . As you stated that, the brother sold the property for Ten lakh rupees.You are advised to pay the required court fee, the suit may be sent to the Senior Civil Judge for jurisdiction purpose. You may add the purchaseras defendant in the present suit,but it is not must.
