Partition suit pending in court. One party trying to sell property.

We have filed a partition suit, which is pending in the court. Now one party in trying to sell one portion of the property. What should we do now in such a case?

Answers (2)

144 votes

Depending on whether preliminary decree has been ordered or not, the person can sell his portion. However the sale would be subject to final orders. Kindly show the papers for a. Comprehensible opinion.

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271 votes

You must file an application for injunction under Order XXXIX Rule 1&2 thereby restraining the defendant from alienating the property or creating any third party interest therein. Once a stay order in pirsuance of the abovementioned application is passed, you must supply a copy thereof to the sdm/sub-registrar of the concerned area to not to register any sale deed qua the suit property. Moreover, you must also affix a notice on the property that the property is under dispute and there is a stay order from the competent court in order to ensure that the prospective buyers are aware of the fact that a stay is operating and the property cannot be sold.

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