LawRato

Sale of Property With Pending Litigation


09-Apr-2023 (In Property Law)
Hello, my father has some plots in Ooty which is currently on a dispute with his brother. The name of the suit is Original Suit. We lost in sub court and appeled in District Court. Its a joint Property. Now my question is 1) Can my father sell his share as there is no injunction or any order from the court which has restrained the sale. 2) Can he give power of attorney to my name so that I can initiate the sale. 3) His elder brother is threating that he will appeal in High court even if he loses, his ultimate aim is to grab the entire plot since we are staying away from the place. 4) Any legal possibility to sell our share alone as there is no injunction or orders from the court.
Answers (1)

Answer #1
663 votes
Your father can execute POA in your your name and nothing can stop that. When the litigation is pending it's not a wise idea to go for sale of one share and the share under litigation will not fetch good price. It would be better to wait until the litigation and appeals are decided and concluded.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."