LawRato

Court granted stay on property, How can i sell the property?


25-Jul-2024 (In Property Law)
I bought a flat 4 years back in resale. Registry done, later on realized that seller already sold to someone. Now the case is in court and court has granted stay on the property. What can i do if i want to sell the property, whether land can be sold during pendency case in court ?
Answers (4)

Answer #1
444 votes

The Supreme Court of India has clearly emphasized that ownership of immovable property can only be transferred through a registered sale deed. Just handing over possession or paying money doesn't make the buyer the legal owner. This principle is grounded in Section 54 of the Transfer of Property Act, 1882, which defines a "sale" as a transfer of ownership through a registered instrument, and Section 17 of the Registration Act, 1908, which mandates that sales of property valued over ?100 must be registered.

When it comes to property court cases in India, they often involve disputes related to ownership rights, inheritance, possession, partition, or encroachments. Such disputes are governed by laws including the Transfer of Property Act, Indian Succession Acts, and various tenancy and land revenue laws depending on the state.

In contrast, a court-ordered sale happens when the court directs a property to be sold typically to settle debts, enforce judgments, or resolve issues in divorce or inheritance cases. The sale is supervised by the court to ensure transparency and that the proceeds are distributed fairly as per the order.

Helpful? LawRato LawRato
Answer #2
776 votes
Dear Friend, as the civil court has granted stay to the other party so, you are not authorised to sell it off right now. But you can opt to challenge the stay order in higher court stating your facts. It is recommended to wait but if you want to sell it off rite now , then there are a few people to may be interested to purchase from you on cheap prices. Please feel free to discuss furtherly if need be. Thank you
Helpful? LawRato LawRato
Answer #3
746 votes
As u have mentioned court has already granted a stay on the property , so it means you have to maintain status quo i.e. You have to keep property as it is and you cannot dispose it off unless and until court decides about the ownership, but still if you make an agreement to sell with any person , that agreement will be subject to the decision of the court
Helpful? LawRato6+ LawRato
Answer #4
574 votes
you should go in the court with counsel and file a application for early hearings. Because, there is a law under section 52 T.P. Act, when a case is running against a property in the court, Owner cannot sale the property. If you will do it, it will become null and void. So, you can make a request to the court for early hearing. you should wait for the final decision of the court. because, at this time, nobody will ready to purchase your house.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."