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Defendant sold property after Plaintiff won partition suit


15-Sep-2023 (In Property Law)
Sir /Mam, Plaintiff won partition suit and court issued preliminary decree for the 1/2 share . Plaintiff started process to get order and measure the land. In this circumstance , the defendant executed sale deed to third party . 1) Whether sale deed is valid according to law ?2) Whether Sale deed can be canceled by approaching DRO ?3) Whether defendant can go for appeal after selling the land to third party even after selling land against preliminary decree? 4) Plaintiff never mind & proceed
Answers (2)

Answer #1
868 votes
You can apply for passing final decree by measuring, dividing and allotting the property as per preliminary decree. You can add the purchaser as Respondent. Defendant can file appeal even if property is sold. Sale deed be valid in respect defendant's share in the property.
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Answer #2
709 votes
answering your questions
1.the sale deed is neither valid nor void and it depends upon the outcome of the suit.
2.A letter is to be sent to DRO regarding the sale and the pendency of case. U can even get the address of the buyer and send him a copy
3.the defendant can go for an appeal
4. it is better to make a representation in the court and the revenue authorities regarding the same
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