Can a property be sold if the court has given status quo on the same

870 votes

Hi,
This is M.A RAHEEM KHAN Advocate @ lawrato.com

If the property is under status quo, means no party can sale the suit schedule property till specific order from the court or after vacate of status quo order, if the property was sold before the status quo order passed then you cannot take any legal action but you can implead the purchaser as party to the suit , if suit schedule property was sold after status quo order passed then you can file petition against your brother for contempt of court. To avoid the said transaction you can alos file complaint in Registration office enclosed the status quo order copy to stop registration of the property.

Advocate MA Raheem Khan LawRato

840 votes

See status quo orders are given to maintain the situation as it is as on the date of filing the suit. Your query is not clear as to in which type of suit the status quo is given. If order of status quo is given then the parties to the suit has to maintain the status quo. Otherwise party violating the status quo orders will be proceeded against under order 39 Rule 3A of the CPC. The party can be penalised for such violation. This is regarding the status quo. Suppose during the pendency of the suit before the Court if the property is sold then the the third parties are bound by the decision of the Court given in the suit pending before it. A third party if he is aware of the dispute before the Court and still want to purchase it then he has to take all the risk of the outcome of the Court's decision. It is better to have a recital in the sale deed that the person purchasing the property is informed of the case before the Court and that the purchaser is willing to undertake the risk. But you should be sure of winning the case before the Court. Consult a lawyer nearby before you take any step. Because i had not seen your case papers or the documents /evidence you have to give you an opinion.

Advocate C Hari Prasad LawRato

986 votes

prejudice to the rights and contentions of the party to the suit can sold the property to the third parties and if parties agreed then it can referred to lok adalat and sell the property through regular registration process

Advocate Innamuri Balasubramanyam LawRato

550 votes

Once the status co ordered against any property such property can not be sell to anybody if any transaction taken against it you may be penalised or may be faced contempt of court when other side takes action

Advocate P V Reddy LawRato

832 votes

while the Status Quo is Subsisting no transaction should take place and further I should know what was the case filed for and the clarity of title and if it is an mearly injunction suit one can deal with the property.

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