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Is a sale agreement valid, while the case of such property is pending?


11-Aug-2023 (In Property Law)

The High Court passed a restrained order on the respondents "Respondents shall not create further charge over the property no. D-X Rajinder nagar new delhi". Respondent during pendency of the order entered into registered agreement to sell (part consideration paid) with 3rd person who was also aware about this order.

 

Does this agreement valid in law, can it be enforced by suit of specific performance?

 

Answers (1)

Answer #1
85 votes

We will have to examine the High Court order in detail. However, the sale is not valid. We suggest you to file an contempt petition against the said order, wherein you must specify the said above mentioned facts. In the said petition, you must make the 3rd party a party to petition. 

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