Madivalappa (Principal) 23 June 2014
Dear Alkl,
have a friend who has filed partition suit against his brothers. The suit is decreed in his favour and defendants have filed appeal before Dis Court. Now my frind wants to sell one of the suit schedule properties standing in his name so as to purchase another valuable propert of the same area which is more beneficial to all the parties. Even defendants are consenting for this. Please let me kmow the procedure and kindly upload model application for and affidavit.
Madivalappa (Principal) 23 June 2014
I think application is to be filed under section 151 CPC read with sec 52 of TP Act seeking court permission to alinate the property. Please send formats of the application and affidavit
VIRAJ KADAM (Advocate Supreme Court of India) 23 June 2014
Dear friend
If there is a stay order or status quo then you cannot sell the property. If there is no stay then the other party to the suit will move necessary application to the Court to get the order once they know that you are likely to sell and create third party interest. Strictly you don't need the permission of the Court to sell the property.
Regrads
VIRAJ KADAM
Advocate, Supreme Court of India
virajkadam@gmail.com
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