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Can I sell my Property if there is a case on it .
16-Mar-2023 (In Property Law)
I wanted to sell my property but there is a case on it. The property is registered in my name and it is also in my possession. I wanted to know that if I sell it somehow will I face any legal repercussions? Can I get into trouble legally if I do so? There is no stay on the property just a case in a revenue court (upper commissioner). I have seen in registry documents of others that you have to specifically mention that there is no case pending on the property. If that is true wouldn't that be a lie if I sell it. The other person is on purpose filling suit after suit even though i have won from two lower courts just so that I offer him some compensation for leaving the case. Please can you help me with this issue, I would be very grateful. Thank You.
I am a Muslim.
Beaing a Muslim does not make any difference, Law is equal for all.
If you want to sell your property to someone pending a case on that property. You can sell it if there is no stay imposed by any Court or Tribunal on sale of such property.
In registry document the clause mentions as: the property which you are selling is not having any legal case over it and in case of any legal dispute the selling party would clear the legal dispute on his own expense and will handover the possession of the said property to the buyer. Inform the buyer abt the legal dispute and if he is ready to purchase the property there is no bar.
If you want to sell your property to someone pending a case on that property. You can sell it if there is no stay imposed by any Court or Tribunal on sale of such property.
In registry document the clause mentions as: the property which you are selling is not having any legal case over it and in case of any legal dispute the selling party would clear the legal dispute on his own expense and will handover the possession of the said property to the buyer. Inform the buyer abt the legal dispute and if he is ready to purchase the property there is no bar.
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Adv. Vivek Shrivastava
Indore | 25+ Answers
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