Legal Question in Civil Litigation in

my mother in law gave a old house to my husband and his brother. both of htem took a loan from a bank and demolished the old house and build a two story builing of 6 houses. the house is in both their names.

we now have a partition case pending in court and loan is alos still unpaid. Can my brother in law sell his share of the property. we dont know which house will go to him. can he randomly choose soem 3 or 4 houses and sell that.

Can we stop the registration till te partition case . can i send a injection order to the sub registor or to my brother in law to stop the registraiotn

if the registraion already happened what i should do legally


Asked on 12/03/10, 12:16 am

1 Answer from Attorneys
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

If any act is done by anybody to sell property during the pendency of subsequent suit at court of law, this shall become res sub judice as of constitution of India, hence you can give news paper add publication for general public notice in this regards. And you may also bring it to the notice of revenue department through lawyer notice to said authorities during this pendency of suit in the respective court of law (better bring it to the knowledge of deputy district commissioner, revenue department through written notice serving upon him by safe guarding through this pendency of suit in respect to such properties in partition suit).

Note if registration already happened, then cancell it.

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Answered on 12/03/10, 5:36 am


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