R (none) 12 February 2013

Selling property while case is going on

My deceased father had created a "registered will" willing his house to me.This is not an ancestral property. This will was created in front of a tehsildar with 2 witnesses present. My sister has filed a case against me to stop me from selling the house and is claiming her share. It has been 1.5 years and the court has still not granted a STAY on the property.

1. Can I sell the property or only "my share" of property as STAY has still not been granted? OR can I get some kind of permission from the court to sell my share of the property. Will it render my case weak in any way?

2. Considering my ill health, can I ask for early hearing or somehow expediate the case. My case is in the lower court right now.

Thank you!

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2 Replies

narendra.s.p (Chief Manager(Law)) 13 February 2013

Lis pendense is applicable. Please obtain specific permission from the court [in the pending case] to sell the property.

sharavanakkumar.m (advocate) 13 February 2013

1).If anybody ready to purchase knowing the suit pending fact, you can sell the property.But, it is subject to the result(finality) of the suit.

2).There is no bar to sell

3).If you want to sell quickly, try to press the stay application to dispose.

4).File a permission petition stating all urgent issues

5).Obtain a certified copy( stay petition, affidavit and endorsement made thereon) and file a CRP before highcourt seeking direction, directing the lower court to dispose the case with in particular date.

best of luck