1) if aunt had sold some property it would be subject to outcome of the suit /appeal 

2) if your father wins the suit he can then execute decree 

3) sale  by aunt would  be void even if purchaser is not party to the suit 

Probate or succession certificate is required to be applied in court by so called legal representative. without obtaining probate or succession certificate so called legal representative cannot proceed nor can claim any right. You should seek stay on creations of any third party interest by any person after death of your aunt. Impleading more parties would adversely effect the case and appeal. Rest on merit. 

With proof of transfer of property by aunt to third party, file a injunction petition in trial Court. High Court will not entertain any application for interim relief at appeal stage.

- Since, your aunt has sold the said property during the pendency of the case, then your father can file an application before the Appellate Court for passing an order for Status Quo. 

- Further, you father can also amend the suit for adding a prayer for declaring the said sale deed by your aunt as null and void. 

If your aunty sold some portion of property during appeal then you cannot do anything about it till the appeal is decided.

Alternately you can file a petition before high court to implead the subsequent buyer as a party to the appeal suit and seek an order of injunction to restrain him from further alienating the property till the disposal of the appeal suit.

He can seek injunction whether it’s civil suit or your market relationship 

How to Stop the Sale of Disputed Property

1. File a Stay in High Court (Best Option) – Since the appeal is pending, file an interim stay application under Order 39 Rule 1 & 2 CPC to stop further sale.

2. Injunction from Lower Court (Alternative) – If you don’t want to add the third party to the High Court case, file a fresh suit for injunction in the lower court.

3. Best Approach – High Court stay is preferable to avoid multiple litigations. If the sale has already happened, apply for impleadment of the third party in the High Court appeal.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

1. For getting stay against the act of any party, you shall have to add him as necessary party in the Court application for giving him a chance to put forth his version.

2. Bring stay order immediately and also publish the same in two nos. local  news papers, one being in vernacular.

3. About the claim of the other person as the legal heir of the property of your Aunt based on her Will, the said Will shall have to be probated first before claiming the said property.

Sir/Madam,

It is suggested that the principle of Lis pendis applies to the property and you may refer the sections 45, 52, 53 of Transfer to property Act, whcih says that transfer during pendency of case is illegal. 

Dear client,

At this point in time, your father can take some of these measures to prevent the disputed property from being sold:

1. Either your father can file an application of injunction under order 39, rule 1 & 2 of the CPC to prevent the alienation of the disputed property.

2. As the third party has purchased the property from your aunt, in this case they will be considered a bona fide purchaser, and they must be a party to the appeal.

3. The court may grant a status quo order to maintain the existing position until the case is resolved.

4. In case you want the third party to be added in the high court appeal, you can file a separate suit in the lower court where the property is located.

5. You can also file a temporary injunction to restrain the third party from selling the land unless the appeal in the high court is resolved.

Hope this helps you; if you still have any clarifications or issues, do not hesitate to ask.