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Stay/Status quo on property that I want to sell


23-Oct-2023 (In Property Law)
I purchased a property from Mr A in 2012. In 2013 one Mr B filed a civil suit claiming that he made some amount as bayana for the same property. He tried to made me a party but during the course of case he withdrew the same. He then requested for a financial decree as the property had already been sold. The hon;ble court passed a decree in his favour and ordered Mr A to pay the cost. The case is still unresolved. Now I wish to sell the property but sub registrar says that there is a stay on this. On my request and presentation of financial decree, sub registrar issued a notice to Mr B to present stay order from competent court within 7 days of receiving the notice. Mr B could not present any stay order. My query is whether I can sell the property now? If yes, is there any chance to my or the purchase being a party in any litigation in future? what precautionary steps should we take now? Kindly guide, Thanking you in anticipation,
Answers (2)

Answer #1
809 votes
Whether you can sell or not would depend upon the fact whether the stay order is effective as on date or not. The file and relevant orders of the case decreed needs to be perused and inspected. Do clarify as to what has Mr B stated before the sub registrar
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Answer #2
988 votes
there seems to be no impediment for you to effect the sale. however by way of abundant caution, you may file a caveat in the court having jurisdiction over the property, so that if anyone files a case with respect to the property, you will be informed.
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