Legal Question in Civil Rights Law in India
Can a person indulge sale of a suit property during pendency of suit
In a partition suit filed by my late father there were four schedules of properties A,B,C,D.Preliminary decree orders partition of Sch.A, B, C and not D .Schedule D properties are although Joint hold properties held in individual names of defendants.There was a remand order of 1st Appeal District court for retrial /decision on Sch. D lands directed to Trial Court.Defendents have gone for Misc.Appeal at High Court challenging this remand.In the mean they have sold two nos of suit properties of Sch.D by Registered Sale deed and delivered possession.There is no order of interim possession or staus quo.What actions to be taken at my end.Proceedings of trial court are stayed from order of High court.Whether I should intimate this to trial court or the high Court.I stay 1200 kms away.Please advise what exactly I should do now.
3 Answers from Attorneys
Re: Can a person indulge sale of a suit property during pendency of suit
as u say that there is no stay then u can not stop them from dealing with the property.
you can move application again to the court to stop them from transfering property
Re: Can a person indulge sale of a suit property during pendency of suit
No it is not possible to sale during the time of pendency of suit. Please contact personally alongwith the details.
Professional charges are applicable.
Re: Can a person indulge sale of a suit property during pendency of suit
You must approach HC and move application for stay of disposal of properties mentioned in Schedule 'D' and also for deposit of sale proceedings in court till final disposal.In case of need contact with details.Professional charges are applicable.
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