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How to sell property while judgment on appeal is pending


29-May-2023 (In Civil Law)
My cousin had a property (land with house) in his wife's name. The land was purchased from the proceeds of sale of his inherited property and the house was built using mutual earnings of cousin and his wife. After the decease of his wife, the ownership of property was in dispute in between cousin and his mother in law. Cousin's mother in law filed a case against cousin to get the ownership of the property. She won the judgement due to some reason. They were also able to forcefully capture the property using men-power. An appeal was submitted by cousin against the judgment of lower court and it's hearing is still pending. Cousin's mother in law passed away recently. Now it is heard that siblings of my cousin's wife have sold the property. Is it possible to sell a property (if it is, is it legal) while the judgment on appeal is still pending?
Answers (3)

Answer #1
868 votes
When a property is under a litigation the property cannot be sold. Make an application to the court informing regarding the selling of property and court may be pleased to Grant the stay. If the property is already sold then the court has the power to restore the sale

Answer #2
586 votes
Your query is not revealing all the facts. Anyway I wish to know whether there is any stay order obtained against the lower court judgment. Hearing the details only I could give an opinion. Who sold the property is not clear from the reading. Is it the M-I-L's Legal heirs who sold it ? Anyway .remedy is open to the aggrieved party since purely a civil matter
Answer #3
947 votes
The facts, as posted, are less than convincing. The property, even if sold, could be regained if the appeal is decided in your cousin's favour. Have your cousin impleaded the the legal heirs? He also needs to implead the buyers, if the property has been sold.

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