Legal Question in Real Estate Law in India

Sir

First of all, is there any stay on the Suit Property by the Court, i.e. not to alienate, transfer and part with the possession or maintain status quo of the suit property ? If NO, then you are free and entitled to transfer the property to interested buyer.

Now the question is, whether you are entitled to sale the property or not, pending the court case, and given that there is no Stay or Status Quo operating against you, to which please note the following options

1) You can sell the suit property, to any person, but you need to specifically mention in the Sale Deed, and disclose the fact to the buyer that such court case is going on in court, and with that understanding the buyer shall purchase the property. Also specify, that the liability to clear court case is on Buyer on not on you, and the Buyer is purchasing the Property on as "AS IS " Basis.

In Ahmedabad you will get many such property investors, who would buy such disputes property, however, they pay you very less for that.

Now as Regards your TITLE : -

2) If you are the FIRST Purchaser (i.e. the Sale deed was executed first in your favor) then you are the absolute owner of the property. In which even, the Second Sale Deed executed by the Property Dealer, cannot confer the right, title interest in the property to such third person. The other person, who purchased the property, cannot have any title in the property.

You mentioned that the Court Case is already pending. What is the status and stage of the Court case, i believe you are already represented by a Lawyer in that Case. Did you take advise of your Lawyer, what is his suggestion, do follow.

However, if you have any questions or need any personal consultation, then you can contact me in person with papers, i am based in Ahmedabad only, and my office is at SG Highway.

Best Regards

Vivek N Mapara

vnmlaws.com