Legal Question in Real Estate Law in India
Status of sale agreement in between periods where in there is a stay order refraining the owners not to aliniate property in any manner
Asked on 2/07/16, 9:15 am
1 Answer from Attorneys
Vivek Mapara
Vivek N. Mapara
Agreement to Sale is not an Alienation. it is only an agreement to alienate and not alienate per se. So such agreement is not void or voidable. It also do not constitute breach of injunction order and hence not the Contempt of Court.
However, if the Agreement witness the transfer of possession or change in the nature of land, then yes, it may amount to breach of injunction order and contempt. Though transfer of possession is not alienation in strict sense, however still it will be considered as mode of transfer to over come the court order.
Answered on 2/12/16, 10:22 am