As there is no stay order passed by court you are at liberty to sell the land
2) obtain in writing from buyer that he is aware of pending court case
Land sale - family dispute
We have agriculture land in name of my father in Maharashtra. It's a farm land in a village and was distributed to all 5 sons of my grandfather. The distribution was done in the year 1983 and ferfar was done accordingly.Also, 7/12 extract have been seperated among 5 brothers. Recently in 2020, we wanted to sell one of our land piece ( land is located around village but it's different pieces having different survey numbers) . When the buyer gave a paper notice, my cousin brother has objected saying some of his land is on my father's name and ferfar was not implemented properly in 1983 and some portion of land has to be transferred from my father to them. They have filed a civil suite for the same. Since I had already finalised the deal with the buyer and court case is pending without any stay order, can I proceed with the sale of land? It's ancestors property and was divided among 5 brothers in 1983; how can court accepts the objection after such a long period?
Asked 4 years ago in Property Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
9 Answers
Pendency of the civil suit itself is no bar on transfer of the land of the litigant. However such trasnfer would be subject to the final outcome of the suit filed by your cousin.
1. Court will hear all the parties and shall decide on the matter based on the merit.
2. Since there is no stay order restraining you to sell your said property, you can sell the same.
3.If there is anything wrong found in your title, then the buyer might sue you later on.
There is a litigation pending before civil court.
How the court has admitted the case and had taken on its file is the problem of court, you cannot question the authority of the court.
You can challenge the case on the basis of your own thoughts and evidences on your side properly before the court in the trial proceedings.
If you believe that this case itself is not maintainable then you may collect evidences agaisnt the plaintiff and fight the case properly to get the same dismissed.
No doubt in the absence of any stay order you can sell your share of property but the plaintiff may implead the buyer also as necessary party to the suit seeking the relief of cancellation of the sale deed.
You will be in more trouble in that situation
Think properly and take a wise decision at right time.
Actually the court should not have accepted the case itself which was already distributed property in the year 1983 and on limitation Act it should be denied, if the 7/12 and Ferfar are already on your father's name.
You can proceed with sale.
Dear Sir/Madam,
You are suggested to submit your strong counter reply to the case with all objections and also go for the sell as there is no stay order from the court. Also submit a separate application in the court for rejection of the complaint.
Ans. No, you cannot proceed with your sale transaction or any agreement with sale till the adjudication of property in dispute as it will be considered as lis pendens.'
Yes, you are correct that since the partition was done in the year 1983 and the same cannot be challenged after so many years and it is barred by the limitation. The same limitation period can be condoned if there is justifiable reason is given to court.
If there is a lispendens then you can't proceed with the sale. Even if you proceed court may if found wrong reverse the sale transaction in the above circumstances
- Since, the said property was already divided among 5 brothers , then either of the five , is free to sell their respective share legally.
- Further ,as there is no stay granted by the said court, hence you can proceed to finalise the deal .
