You should not create any third party rights during the pendency of partition suit
2) sub registrar will not register deed of partition during pendency of suit proceedings
Partition with OS pending
Hello We jointly own 5 acres of agriculture land in Tamilnadu. Out of this 5 acres 1 acre has an OS filed by in the court. We own this piece of land for 30 years and the person who filed this OS has filed it with mischievous intent to extort money. We are thinking of dividing and partitioning the land among us equally. That is 2.5 acres to both of us with individual pattas. 1. Can we proceed to partition and register the patta seperately with OS still pending in the court ? There is no stay order issued from the court.. 2. Can I gift or sell my potion after partition with the OS pending?
Asked 4 months ago in Property Law
Religion: Hindu
7 Answers
Section 52 of the Transfer of Property Act, 1882, also known as the doctrine of lis pendens, prevents parties from undermining the judicial process during a legal dispute over property.
The purpose is To maintain the status quo of the property in dispute and prevent parties from affecting the judicial process
its effect is that: Any transactions made during the pendency of a suit are not valid against the rights determined by the final court decree
If is based on equity and good conscience.
Thus you may think about the legal consequences before taking any steps to alienate the property during the pendency of the civil suit.
Dear Sir,
1. Can we proceed to partition and register the patta seperately with OS still pending in the court ?
There is no stay order issued from the court..
Ans: As there is not stay you can do the necessary.2. Can I gift or sell my potion after partition with the OS pending?
Ans: Yes, you can do .
1. It is not sure whether the party filing the suit is co sharer of this property or not.
2. If yes, then you can make out of court settlement of the suit by way of amicable partition.
3. Otherwise give further details for proper advice in this issue.
Yes, no illegality.
Yes but gift will be subject to the outcome of OS.
1. Since, the said OS is pending for only 1 acre land and there is no Stay order issued by the Court , then you can Partition the property even the suit is pending before the Court.
2. Yes,
Dear Client,
I appreciate your feelings about the Original Suit (OS) that is due to impact one part of the agricultural land that you co-own. Firstly, since there is no stay order as granted by the court, that in fact you are legally allowed to proceed with the partition of the land. You can subdivide the 5 acres equally and get separate pattas registered in both the plots. However, it must also be noted that the OS which is still pending before the courts concerning the remainder of 1 acre could at some alter the legal position of the portion in question. Hence any activities concerning the territorial claim should be done carefully. Secondly, While the move might not necessarily violate any specific law, other individuals in their right mind that intend to buy a property with the intention of donating it to a charity organization may be deterred by the existing litigation. Hence, it would be wiser not to make any sale or gift before the resolution of the OS to prevent future legal issues or controversies. It is recommended to refrain from the sale or giving of the subject item until the outcome of the OS to prevent any future legal issues or controversies. In brief, it can be said that both part and registration are allowable, but one needs to be very careful while separating one’s share during the litigation. However, for any more information regarding this process, it is advised that you consult a property lawyer to ensure that you do not encounter any problems in the procedure.
I hope this explanation resolves your doubts effectively. If you have any further queries regarding this case, do not hesitate to contact or reach us again.
