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s v desai (lecturer)     09 September 2020

Sale of property

Respected experts, 

My mother was fighting for Justice in the civil court for her own brothers property. The farmer who's engaged for cultivating the land taken advantage of my mothers elder brothers age ill health and created a will deed. On the basis of that fabricated will that farmer applied for mutation in his name in Tahasildar office. My mother raised objection with the Tahasildar against mutation on the basis of that forged will. The revenue court directed to solve the case in Civil court then only they will effect the mutation. 

Based on this the farmer filed a suit in Additional Civil Judge court against my mother and requested for permanent injuction in his name. 

In the court the will is not proved gunine. Hence the case was dismissed against him. 

After this my mother applied for mutation of property in her name. Mean while the farmer intimated revenue Authorities not to effect  mutation as he is going to appeal in Senior Civil Judge court against the judgement of Additional Civil judge. He has not taken stay order for this purpose. 

Now the revenue authorities made mutation in my mothers name., as there is no objection or any stay order for mutation from anyone. 

Now my mother wants to sell the property. My question is that can she sell the property. 



 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     09 September 2020

Hello,

After the appeal period over your mother can sell the property as per her wish. If the appeal is filed then your mother should not sell the property even if the stay is not granted by the court.

 

s v desai (lecturer)     10 September 2020

I found difference of opinion 

1.Dr. J C Vashista expert given his opinion that my mother can sell property. 

2.Shri. P. Venu also has same opinion as Dr. J C Vashista. 


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