Gemini 2.5 Flash Conversation with Gemini we have an acestral land in our native place in the name of in total 20 people. We had signed an agreement to sale this property a few years ago to a builder. He paid only 20% amount and the rest was not paid by him. Hence we had filed a suit against him and the matter is still proceeding in the court. Now, a new buyer has shown the interest in purchasing this property and the original purchaser has also agreed to the amount the new seller has offered for the original money given by him. In this regard I have below questions :- What will be the best suitable procedure to carry in this matter considering the matter is in the court? what all the documents we will have to sign and chronology of the same from the point of legal matter. How to protect our interest (seller) as we had approached the court earlier. How to protect ourselves from any future claim (if any) made by the original purchaser Read more at: https://www.lawyersclubindia.com/forum/selling-a-property-which-is-already-sub-judice-238455.asp Show thinking It is not advisable for me to provide legal advice. The information I can provide is for general knowledge only and should not be considered a substitute for professional legal counsel. The situation you have described is complex, and the specific procedures, documents, and protections will depend on the details of your case, the local laws in your jurisdiction, and the court's orders. Based on the information available from public forums and legal articles, here are some general points to consider, but you should immediately consult with a qualified lawyer specializing in property law to get advice tailored to your specific situation: General Considerations Doctrine of Lis Pendens: When a property is "sub judice" (under judicial consideration), it is subject to the doctrine of lis pendens, which means "pending litigation." According to this principle, any transfer of the property during the pendency of the lawsuit will not affect the rights of the other parties to the suit. The new buyer will be bound by the final court order, regardless of when they purchased the property. Court's Permission: To ensure the sale is valid and to protect the new buyer's interest, it may be necessary to seek the court's permission to sell the property. This would involve informing the court and the other party (the original purchaser) about the new arrangement. Disclosure is Key: You must fully disclose the existence of the pending litigation to the new buyer.
This is crucial for protecting yourself from future claims by the new buyer. Possible Procedure and Documents A lawyer will be able to advise you on the precise steps, but a common approach could involve the following: Mutual Agreement and Settlement: The ideal first step would be a formal settlement agreement between all parties—you, the original purchaser, and the new buyer. The original purchaser would agree to withdraw their claims in court in exchange for the return of their 20% down payment.
Court Application: Once a settlement is reached, your lawyer would file a petition with the court, detailing the terms of the settlement and requesting an order to dismiss the suit. Sale Agreement with New Buyer: After the court has formally dismissed the case, you can proceed with a new sale agreement with the new buyer.
This agreement should clearly state that the property is free from all encumbrances and litigation. Execution of Sale Deed: The sale deed would be executed and registered, officially transferring ownership to the new buyer.
How to Protect Your Interests Lawyer's Guidance: A lawyer will be able to draft a comprehensive settlement agreement and all other legal documents to protect your interests and ensure all legal formalities are completed correctly.
Indemnity Clause: The new sale agreement should include a clear indemnity clause. This is a contractual provision where the new buyer agrees to indemnify you against any claims or losses that may arise from the previous litigation.
Court's Formal Order: Ensure the original purchaser formally withdraws their suit or that the court issues a final order dismissing the case. A simple verbal agreement is not sufficient; you need a legally binding, court-approved settlement. This will prevent the original purchaser from filing another claim in the future.
