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Can i sell disputed property if their is no stay from court?
02-Dec-2023 (In Property Law)
I have a land and the court case is going on since 2009, the property is in my name and i have the possession of the property.
There is no stay order from the court.
I don't know when the case will end but surely it will go till supreme court.
The case is bogus, but my opponent is suing me in court again and again
If some buyers are taking my property along with the case then can I sell it?
Can I sell it or not?
if I can sell the property and write in agreement that I won't be responsible for the court cases in the future? Then is it legal to sell the property like that or not?
if there is no stay you can definitely sell the property. but make it sure to confirm that there is no stay. the proper document is sale deed not agreement. you must disclose all facts in the document. till the date of sale deed all responsibilities will be yours and after sale deed it will pass on the buyer.
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Adv. Vijay Kumar Teotia
Meerut | 200+ Answers
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Can we sell property which is in dispute?
The sale of any property that is the subject of a court proceeding should be delayed until the final judgment of the court has been pronounced. Order 39 rule 1 allows for the injunction to be issued by a court against any sale of property that is subject of judicial proceedings.
What happens to a disputed property?
When a dispute over a property is indefinitely impassed, the bank will take the property to auction and sell it for the benefit of all parties involved.
Can a disputed property be transferred to another person?
The party in a suit for title dispute cannot transfer property or make any decisions that could interfere with court proceedings. The doctrine prohibits litigants from disposing or transferring the disputed property for the administration justice. 31-Oct-2020
Can I stay in a disputed property?
Legal grounds: To obtain a stay, you must demonstrate that you have an irreparable injury if the order is denied. Courts decision: Before making a ruling, the court will consider all evidence, arguments and precedents.
If a case before a court is pending and there is dispute about the ownership or title to a property, it cannot be transferred or sold without permission from the court.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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