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Procedure for sale of the disputed property
26-Sep-2023 (In Civil Law)
ek property ka 3 owners hai.1st party ka dead ho gya hai or uska 2 beta hai. undono ka bich mat - bhad hai uamai se ek beta court mai case kar diya hai pura property( 2nd & 3rd ka share) ka upar. jabki uako 2nd or 3rd party ka share se koi matlab nahi hai. or ye case court mai chal rha hai pr ab 2nd or 3rd party ko apna share ka property ko sale karna chata hai to ab 2nd or 3rd party ko kya kr na chahiye?
Dekhiye baat aisa nahi hai ki litigated property becha nahi jata. Par mukadma chalte waqt jo v property kharidega is mukadme ka raye v us par hawi hoga, ye risk purchaser pe rehta hai, to isi karan koi v lotuses property kharidna nahi chahta. Ap ek kaam kar sakte hai us mukadme ki status janiye. Agar injunction nahi hai to bech sakte hai.
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Adv. Bibaswan Mukherjee
Barasat | 100+ Answers
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How do you deal with disputed property?
Negotiation, mediation, arbitration or litigation can resolve property disputes. It is important to consult a lawyer if you find yourself in a dispute of this nature.
Can a disputed property be transferred to another person?
The Doctrine can therefore be said to give the court power, jurisdiction, or control over the disputed property. The party in a suit of title dispute cannot transfer the property, or make any decisions that could interfere with court proceedings. 31 Oct 2020
What happens to disputed property in India?
In India, you can resolve property disputes by settling through mediation, filing civil suits in court or using alternative dispute-resolution mechanisms like arbitration or conciliation.
Can we sell a property when it is in case?
You can sell your property, unless the Court has issued a stay order. The buyer should know about this. You could get in even more trouble if you try to conceal it.
Dear client ,
As per the details given by you I would suggest that you have to first answer that whether if there is any order of injunction or not in the pending suit . if there is an order of restriction of alienating or sale in the said case then you shouldn't buy the property as the same may be declared null and void and if there is no such restrictive order then you can buy keeping in mind that you will have to be abided and affected by the fate of the said suit.
As per the details given by you I would suggest that you have to first answer that whether if there is any order of injunction or not in the pending suit . if there is an order of restriction of alienating or sale in the said case then you shouldn't buy the property as the same may be declared null and void and if there is no such restrictive order then you can buy keeping in mind that you will have to be abided and affected by the fate of the said suit.
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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Legal Provisions You are not allowed sell the property until the Honourable High Court has decided the case.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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