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suku tony   01 June 2020

notice from opponent

sir I have a 5cents of land which was my grand grand mother purchased in 1933 and later it was register by my grandfather in 1957 after many years a person came and register the property by using some old documents and he filed a court notice for us and we win the case in 2018 and again he applied for appeal and again we won the case in 2020 March after this today we got an notice from opponent lawyer that he again want to apply for the secon appeal he mentioned that that property should not sell to others by us .....but we just got a lawyer notice not from court ......as per this can we have right to sell or not.....is this lawyer notice valid or I have wait for court notice .... plz help me


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 4 Replies

Dr J C Vashista (Advocate)     02 June 2020

Since the opposite has not been allowed a stay order from the Court, you may dispose of the property.

You have already engaged an able, competent and intelligent lawyer who is well aware about the facts and circumstances of the case, whereas, you have posted limited facts for obligation of experts on this site, what is his/her opinion and advise ?

Proceed accordingly without expecting a miracle from experts on this platform.

G.L.N. Prasad (Retired employee.)     02 June 2020

Who were in possession from the last so many years since 1933 till now?.  It is clear that your family is in possession.  Even if there is a status quo order or suit is pending, the rights are subject to the final decision of the court.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     02 June 2020

1. Based on the available Court judgments, you may proceed to sell the property and your opponent cannot do anything about it.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 

P. Venu (Advocate)     02 June 2020

Yes, the Notice from the lawyer is of no legal consequence.


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