Sell of property when partition case going on

926 votes

You have not disclose the information clearly. As per your information the youngest son is the sole owner of the property. But why the elder brother filed the partition suit? Your information is not correct. If there is no injunction order then the youngest son can sell his property.
Thanks.

Advocate Diptiman Pal LawRato

570 votes

It seems the mother being the absolute owner has rightfully gifted the property to the younger son. Now the younger son is the rightful owner. A rightful owner can always sell or transfer the property whatever way he wants. Now if the partition suit is pending, that itself doesn't bar the younger son from selling the property unless there is any order of injunction from the Court. If that Court where the partition suit is pending, has given an order of injunction, the younger son can't sell the property. However even after an order of injunction, the property can be sold if the order of injunction is vacated from the Appellate Court. This way many of my clients got relief. All the best and regards.

Advocate Ujjal Kumar Ray LawRato

881 votes

You have to clarify whether there is any order of injunction, Prohibiting sale of the said property has been issued by the Ld. Court. If there is no such order, then the property can be sold, subject to the final outcome of the said suit.

Advocate Gunjan Shah LawRato