Legal Question in Real Estate Law in India

I have a suit pending in high court in the name of my late father who died in 04-2009. The suit revolves around sale of a 650 sq ft flat in Aug 2006. The purchaser gave 30 per cent of sale consideration after which my dad executed a registered sale agreement and power of attorney in the favor of purchaser. The purcharer then asked for the original title deeds (otd) of flat to avail a housing loan from his bank. But my dad assumed it would be dangerous to handover the otd without receiving balance amount. Hence, my dad gave him attested copy of otd but the purchaser failed to obtain loan. My dad then issued legal notice to purchaser and forfeited the money given by him. The purchaser then initiated legal proceedings in a lower court which we won because the court observed that the purchaser is not having the balance consideration to buy the subject flat. The purchaser then approached high court and obtaine a temporary injunction dated Aug 2008 thereby restraining my dad, his agents and servants from selling the property to person other than the purchaser. In Apr 2009 my dad passed away. Hence, I filed an affidavit in Nov 2010 stating my dad's death. In Dec 2010, the purchaser took out an application for chamber summons which is scheduled on 30 nov 2011. My urgent query is that can i sell the property to any other person before chamber summo

Asked on 11/22/11, 1:21 pm

0 users found helpful

0 attorneys agreed

Do you have a succession certificate or a probate to prove that you are the legal heir of your father? If yes then you may be able to sell the house.

Answered on 11/28/11, 10:30 am

Shrichand Nahar S.V.Nahar, Advocate

0 users found helpful

0 attorneys agreed

May not be.

Answered on 4/20/12, 3:44 am

Keywords

Match Any Match All

Country

State

Area of Law