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Selling property against status quo order


30-Jan-2023 (In Property Law)
In a partition suit a status quo order has been given Probate of will in court. 50% of property is mine and 50% belongs to brother. Probate pending. Can I sell my share ?.otherwise can I mention the status quo in the sale agreement to escape contempt of court
Answers (6)

Answer #1
703 votes
Share the court’s order. It has to be perused and looked into, thereafter anything can be said. Also there are conditions in the agreement which have to be adhered to as the buyer will be cautious and so do you. The contempt of court has its own adversities.

Answer #2
623 votes
You must understand that granting status quo virtually amounts to granting a stay and going against a stay order and selling the share would be suicidal. I would suggest you not to do so. But you may apply to the court seeking permission to sell your share. In that case the sale made by you would be subject to the outcome of the partition suit which means that the same would actually be effective only if the suit is decreed in your favour or else it would amount to nothing. As far as mentioning status quo in the same agreement is concerned, that won’t change anything because a purchaser may not want to buy such a property. FYI, lower courts don’t have power to hold a person in contempt rather only the high courts can do so.
Answer #3
774 votes
If there is an order to maintain status quo then without the leave of the Hon’ble Court you shall not sell the property otherwise it will result in adverse action against you. For any further legal assistance please feel free to contact

Thanks
Answer #4
503 votes
You can go against the judicial order of maintaining a status quo of the suit property. If either of the party is planning to sell the said property then the other party should move an application to seek injunction against the defaulting party in the court

For any further legal assistance please feel free to contact.
Answer #5
611 votes
If there is a status quo on the property then nobody can do any kind of agreement on it without the permission of the court so this is the case of cheating by the concerned owner or builder, you have to initiate a police complaint and then you also have to issue the legal notice to the builder and to the owner to recover the amount ..b in touch
Answer #6
591 votes
Is there a FIR lodged against the builder ? Where is this builder located and how much has he taken from you ? Is there any agreement you had entered into with the builder ? I am an advocate for Delhi Police and will do the needful.

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