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{Balu manikantan} SUBRAMANYAM (Practising Advocate)     12 October 2020

Sale of property after preliminary decree without partition

Court has passed an exparte preliminary Decree in a suit by creating equal rights in the property among the legal heirs. The respondent is well aware of the decree passed but selling of some part of the property standing on his name. There is no stay on the property and the suit is pending for final decree now. Whether the sale is valid if the respondent proceeds with the sale. what remedy is available for the plaintiff.


 2 Replies

Nida Khatri   12 October 2020

the sale will not be valid bcos the exparte order already stated that there is equal share of both the partners, hence he cannot sell the plaintiff's property. 

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     12 October 2020

As there is no stay can the respondent proceed with sale moreover it is a preliminary Decree and did not become Final.

Even will the Buyer of the property is protected as there is no stay granted?

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