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shree (HR)     21 December 2023

Sale of a property during pending cases


I have a land which was leased to a petroleum company for a Petrol pump. Such was for 60 years ( after first 25 years there was a renewal option and again in next 30 yr another optional renewal option was there.

After first 35 yr my dad decided not to renew the lease but the company don't agreed and fill a case under specific performance . the court pass a Oder to sing the lease as per the lease agreement. But the company weast time  ask us to sign a new lease with new term.  Later the company file a execution of degree case but still Such lease deed never been execute till

In 2018 the lease term has over and now an eviction case is ongoing.

I have inherited the land from my father. My father wish was to donate the land after the lease period is over . But it never happened . And At this time I am not interested to run the case and the opp. party is also not ready for a out of court settlement. 

My question is can I sale or donate the land during this on going case ? 
If so then how ? Is there a way I can get a count order that could allow me to sale the land ?

as over a lease we only gave possession and ownership and now such lease for possession also over .. should really worried before sale of the land ?

after sale can the company come to me or will go to the new owner?

if the new owner aware of all facts and the sale deed mentioned the fact that the buyer know the cases - will I have to be worried? 

Thanks in advance 


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     21 December 2023

During the pendency of a civil case in this regard, you cannot sell the property even if there is no restriction order pending.

You may have to fight it out in the court  for a solutuion

shree (HR)     21 December 2023

But over lease we just gave the possession of land and that also for a certain period which has over 4 years back they are not doing business form last 40 years . The land is abandoned - further the new buyer knows about all case -

then under which section I am provided to sale or transfer the ownership where there is no question on the ownership? The ownership was and is with us only 

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