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


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?

Answers (3)


281 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


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75 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.

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132 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

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