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saurabh (business)     25 February 2010

advice

My grandmother bequeathed an ancrestral property in my name.My uncles have now dragged me to court as they are asking for the 2/3rd share in my property.They were able to take a temporary injuction against the property because of which i wasnt able to either sell it or morgage it.The injuction now has been nullified on the grounds of insufficient evidences and the prime facie case is in my favour.Now I want to sell the property even though the case is still going on in the court.Can I sell the house?What will the complications for me and the buyer.

Please reply to my query asap.

Thanks

saurabh mittal



Learning

 4 Replies

aruntrivedi (lawyer)     25 February 2010

most complicated and you are and your buyer are walking to troubles. till matter is subjudice you cannot sell it. If you genuine problem seek permission from Court and it will be subject to NOC from Opponents in Court. Better wait and watch.

saurabh (business)     25 February 2010

Can you explain it further a little bit?Iwant to have a through knowledge of the complications before i take the plunge.Kindly help me.

P.K.Haridasan (Advocate)     27 February 2010

Even though there is no bar of injunction it is better you should not venture to sell or mortgage the property. which is subjudice. It is difficult to get an no objection from your opposite party. So speed up the case  as quickly as possible and get a verdict in your favour.

aruntrivedi (lawyer)     28 February 2010

Learned Advocate P. K. Hari is right follow him.


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