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what if i have sold the property and after that stay order is given
14-Sep-2023 (In Property Law)
In case a person has filed an application has filed for taking stay for not to sale. The stay order was not issued .I sell that property after selling the stay was given. Now what can happen
If the stay order was given after selling the property then there is not much the other side can do about it apart from proceeding against you. Contempt of court however will not be made out as you have not disobeyed an order of the court.
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Sir if you have sold the property before the stay was granted, certainly there cannot be any contempt of the Court order since the same was not in existence at the time of sale.
However, depending on the nature of the Suit/ nature of the prayers sought, the civil consequences of the validity of the sale by you will have to be seen. If the property in question was directly involved in the suit property then as per Section 52 of the Transfer of property Act any sale subsequent to the filing of a suit become automatically subject to the outcome of the suit.
kindly show me all the case papers and ale documents in order to give you a final and conclusive opinion.
However, depending on the nature of the Suit/ nature of the prayers sought, the civil consequences of the validity of the sale by you will have to be seen. If the property in question was directly involved in the suit property then as per Section 52 of the Transfer of property Act any sale subsequent to the filing of a suit become automatically subject to the outcome of the suit.
kindly show me all the case papers and ale documents in order to give you a final and conclusive opinion.
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Adv. Vanshdeep Dalmia
Delhi | 100+ Answers
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If what you are saying is correct , then the sale of property prior to the grant of stay order stands as valid. The buyer will not be affected by the stay order, you, as a seller, too would not be affected by the order of stay. But whether the sale will be valid or not, it will have to be examined.
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Learn how you can get a stay order on property with this Indian Law Guide on stay orders
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