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Partition suits on land sold other party how will money be distributed
07-Sep-2023 (In Property Law)
Mr A file suit against Mr B for partition of property .In mean while Mr B sold property to others .Mr B doesn't have any property in his name. If judgement given in favour of Mr A . what happens suppose 1 acre property value ₹ 6 lakhs as per registration documents.Mr A will get ₹ in value or 0.5 acre. But Mr B doesn't have any property in his name. How will the money be calculated?
Section 52 of the Transfer of Property Act enacts the doctrine of “lis pendens”. In simple terms, it means any right to immovable property, which is the subject matter of a legal proceeding, cannot be transferred or dealt with so as to defeat the rights of any party to the suit, except under the order of the court hearing the proceeding. This is necessary because otherwise, the plaintiff’s right in every such suit would be defeated by reason of the defendant transferring the property before the judgment or decree. The plaintiff would then have to file another suit against the new purchaser.
Therefore if Mr B sold the property already in dispute in any suit and suit is decided in favour of Mr A then such transfer is invalid and the purchaser of property will have no right in the property.
Therefore if Mr B sold the property already in dispute in any suit and suit is decided in favour of Mr A then such transfer is invalid and the purchaser of property will have no right in the property.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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