Ganesh (assistant) 30 October 2013

Seling of a site under case

Hi All,

My father had purchased a site in Bangalore in 2011 from Uncle's friend.
Now we got to know that there is case (OS) on the survey no of that site.
Please let me know whether is it allowed to sell a property under Case (stay oder).
Can we put a case on Seller or on agent (mediator) ?

Thanks,
Vijay

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 01 November 2013

It is illegal to sell the property which is under litigation especially if there is a stay the sale will attract contempt of court and consequences thereon. What is it about that you are trying to file a case against your previous vendor?

BAALASUBRAMANNYAMM (Advocate) 01 November 2013

You should say, is there any case pending on the date of your purchase, your Vendor will be scrued or a case is filed after your purchase, it is your duty to solve the problem with whom the case was instituted. Even though the said case was under "STAY", the selling of the proprty is an unfair transaction, which ultimately facing legal problem.s