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Can I sell the property if it is still in dispute in high court


29-Mar-2023 (In Property Law)
we won the property case in session court. The case was filed in court challenging the judgement by a third party. it is pending. Then can we sold the property to any other.
Answers (3)

Answer #1
797 votes
Dear Sir,

It's nice to hear that you won a property related case. I will like to see the documents related to the case matter and copy of the order or judgement, please feel free to contact me for further discussion

Answer #2
623 votes
when the matter is pending pertaining to a particular property in the court you cannot alienate the same, whether a stay is granted?... here you have not mentioned on what grounds this third party filed the petition. need more info for clear opinion.
Advocate Hemaprasad Nagappa

Adv. Hemaprasad Nagappa

LawRato Bangalore | 25+ Answers
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Answer #3
972 votes
No, you cannot sell the property when the matter is pending before the Hon'ble High court. Section 52 of the transfer of property act enacts the Doctrine of "lis pendens" . Put in the other word's, it means any right to immovable property, which is the subject matter of a legal proceeding, cannot be transfered or dealt with so as to defeat the rights of any party to the suit except under the order of the court hearing the proceeding. This is necessary because otherwise, the plantiff's right in every such suit would be defeated by reason of the defendant transferring before the judgment or decree.
Advocate Sathyanarayana Reddy K

Adv. Sathyanarayana Reddy K

LawRatoBangalore | 25+ Answers
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Comments by Users

Prathap
Hi this is prathap my property is in court case still 10 years now I m sale my property to any one?

Reply by LawRato
Section 52 of the Transfer of Property Act does indeed enact the doctrine of "lis pendens," which means that any right to immovable property that is the subject matter of a legal proceeding cannot be transferred or dealt with in a way that would defeat the rights of any party involved in the suit, unless under the order of the court hearing the proceeding.
Therefore, when a property is the subject of a pending court case, it is generally not advisable to sell or transfer the property without the order or permission of the court hearing the matter.
Doing so could have legal implications and may not be recognized or enforceable.

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