Undevided unpartioned residential property
Querist :
Anonymous
(Querist) 27 March 2011
This query is : Resolved
Can any share holder of an undivided unpartitioned residential house (with court stay order), sell his share to the stranger?
My father has a undivided unpartitioned residential house. He has one sixth share of this house. Other co sharer has five sixth of this property. On July, 2004, my father had gotten the stay order from the court about the sell of this undivided property , thus the co-sharer can not sell his unpartitioned five sixth of this house. But recently he (other share holder) sells his portion to the stranger without giving any notice to my father. Is that possible? What can my father do against this? And how could he stop the stranger to enjoy this undivided unpartitioned property with court stay order?
Devajyoti Barman
(Expert) 27 March 2011
If any order of injunction was there in place then your father can file an application under 39 rule 2A of CPC for contempt of court. In any case the purchaser would be hit by the rule of lis pendence.
R.Ramachandran
(Expert) 27 March 2011
What your father got in 2004 may be an interim order. Thereafter what happened to the case? Please check up the status of the interim order.
Further, a dwelling unit cannot be sold by a co-owner without first offering the same for sale to the other co-owner.
In any case, if the interim order of injunction against the other co-owner of the house ordering and directing him not to sell the property in question, then as advised by Mr. Barman, file an application under Order 39 Rule 2A.
Ghanshyam Mishra
(Expert) 27 March 2011
This sale transaction is illegal and your father has every right to get it declared as null and void through court of law and also can initiate proceedings before competent court(high court under contempt of court Act or before same court as the case may be) for disobedience of orders of the court, if any. Ghanshyam Mishra 9899794006
Suhail suhail
(Expert) 27 March 2011
I am in agreement with my learned friends,and i think this question is replied before also though in other words,and properly replied,it seems the forum is being abused by this way it will hamper others to get information,the query is however replied well,i think there is no need to add anything here as everything is expressed by learned friends.
Kirti Kar Tripathi
(Expert) 27 March 2011
You can not frustrate the right of any person, by doing such an act.
Querist :
Anonymous
(Querist) 27 March 2011
Sir,
Thus we are ordinary people and also lay-man about law. So my father (including our family) is very much puzzled and tensed also about this matter. I'm not joking and also not have any intention to abouse the forum. So Please sir, don't give a wrong colour!
We knew before that, it is impossible to sell the undivided unpartioned property (with court stay order). But now this is done and also the purchaser is staying there. So we are unprotected now. That's why I want to know the opinions of different lawyers about this. Because our advocate can not give us any hope. I want to know sir, if we file an application under 39 rule 2A of CPC for contempt of court, can court protect us and can court dispossess that purchaser and save us?
R.Ramachandran
(Expert) 28 March 2011
Please indicate where the property is situate. This will enable us to find out whether any one of us could be of some help to you.
