Civil Procedure Code (CPC)

Urgent: stopping sale of a co-owned property


Dear Learned friends,

I am a co-owner in a property which is awarded to me and 2 more people (who are also the direct descendants of the ancestor) through a family division. The property is ancestoral - and the award is not yet executed/registered.

I have come to know that the rest of the coowners are trying to sell the property - which is against my interests.

I want to know how I can prevent any possible sale of the property or any part of the property?


I need some advice on the below:

a) Can I publish a notice in newspapers declaring the property is a disputed one and if someone enters in a sale transaction involving this property, he/she would do so in his/her own perils
b) Can I take a stay from the court against the co-owners to sell/part with their share/entire property?

The property is still in the name of the ancestor.

Please do let me know if my question is not clear or any further information is required.
Any help is hugely appreciated.

 

 
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civil practice

It is better to give public warning notice and you can also file suit for declaration and injunction and can seek interim stay against the proposed alienation.


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Practice in The High Court of Chhattisgarh


I agree with niranjan  but ilike to add word permanent before word injunction and also like to add word injunction in the place of stay.


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Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505

you can file the suit for Permanent and Mandatory Injunction before Civil Court and issue public notice in the news paper. Also issue caution notice to Sub-Registrar not to register the property. Further display the Public Notice on the property/building.

 

Regards

Rajiv Bhasin

Advocate

MANAGING PARTNER

BHASIN & ASSOCIATES

9811210505, 9868635640


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Dear niranjan, Mr Shastry and Mr. Bhasin,

I thank you all from the bottom of my heart for your prompt and valuable reply.

May god bless you.

Best Regards

 
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