Is mortgage possible when when suit is in pendency


Hello sir/madam a very good evening , I have filed a partition suit on my uncle and I got OS number too. Court has ordered my uncle to file written statement on 2-2-2017. Even after knowing this he mortgaged the property in syndicate bank. What my question is - is it legal to mortgage a property when suit is in pendency ? what kind of legal proceedings i have to take to cancel this mortgage? what is the role of section 52 of transfer of property act?

Answers (1)


143 votes

is it legal to mortgage a property when suit is in pendancy? It is not important at the time of order was stats qua been granted to you. did the court order that the suit property would remain the same till the pendancy of the suit. if yes then he is liable for contempt.

You can file an application asking the court to direct the party not to engage in any 3rd party interest.


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