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sidhu (student)     18 March 2013

Can i sell my property.

Hi members,

 

    My father and his 2 brother pruchased land in late 1992. One of the brother died and his share has been sold to peasent (middle one).Taking advantage of our absence in the town peasent claimed the property is owned by him and my father sold it to him in 1998. But when we saw that document my father signature  was forgered on it and the document was aslo not registered.

 

     My father for saftey transfered the land in the form of gift deed to me and my brother.

  We are trying to sell that property since 2010 ,but the peasent brother being a influential in village created lot of problem and provked police to register criminal issues against us, which awere recently quashed and police was suspended.

 

  My parent uncle filed a civil suite in court that , that the land was sold to him by my father and he illegally sold it to his sons, the case is going on, we are in financial probelms , we have to sell this land to get ride of this problems. My lawyer says we are bound to not sell this land as the suite is filed against us. Can any one please suggest me can i sell my land or not?

 

     There is no injuction order in this case against immovable property.

 

thanking in advance.



Learning

 2 Replies

Rajendra Shrivastava (advocate)     24 March 2013

you can sell property because no injuction has been given by court.

D Bhattacharya (Advocate)     24 March 2013

When there is no injunction against the sale of land, you can validly sell the land and there will be no contempt of court for the same. However, there are two things to be kept in mind. First, in the sale-deed you must mention the pendency of the civil suit filed by your uncle, to avoid any chances of an allegation of non- disclosure in future by the prospective buyer. Second, the pendency of the civil suit will hit the marketability of the land/ property and you may have to sell at much lower rates.


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