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Can I sell the property when it disputed in court
07-Jun-2023 (In Property Law)
Background: My father has a DDA leased property. Leased expired in 1992 and no action was taken. Now court case between DDA and us for restoration of the lease. Now. Someone wants to enter into an agreement of sell with us. He will pay us some advance amount. Then he will get everything done i.e. handle court case, etc. Once all the paperwork is in order, he will pay the balance amount and buy the property from us. Can we enter into the conditional agreement of sell where the buyer takes all the responsibility of getting the property in order.?
I don't think this is possible because even to sell you require a no objection certificate from the dda. Therefore, you need to first clear the issue with the dda and then sell the property to whomsover.
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Adv. Angad Mehta
Delhi | 100+ Answers
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You can create third part interest if court has not passed any restrained order in the present matter or you can take permission from the court with submission to clear all the liability towards the property in question but without permission it may be rule of lis-pendency be applicable do be cautious
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Adv. Harsh Kumar Gautam
Delhi | 100+ Answers
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U can absolutely enter into such an agreement . It will be perfectly legal and binding on both parties . You need approval of DDA for entering into such agreement as it is a matter between u and seller as long as the true status of the lease deed is mentioned in the agreement . U can authorise the seller to deal with DDA on your behalf by a separate authority letter and u don't even need to disclose that agreement to DDA . But make sure that at the end , the property remains in your name and then u sell it to the buyer after the controversy has been sorted out . Such an agreement can be made even if there is a stay order of the court as this agreement does not change the status of the property and is an agreement for future sale of the property . Just make sure to mention abt the true status of the lease deed and the court case so that the buyer does not black mail u later on allegation of concealment of true facts
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Adv. Suneet Bhardwaj
Delhi | 25+ Answers
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