Legal Question in Real Estate Law in India

Dear Sirs,

We three of us entered into an Agreement for Sale to sell our property. But, the Purchaser defaulted and we refused to convey the property. He filed a suit for Specific Performance. Court gave interim injunction directing us not to "alienate the suit schedule property to any third parties". One of the Sellers has to come from a distant place to attend the court. He wants to sell his part of the property to one of us and recuse himself from the suit. Can he sell the property to any one of us since the Court has directed us not to sell it to any third parties?


Asked on 8/13/12, 8:11 am

2 Answers from Attorneys

Santosh Goswami,Advocate sure shot legal

Court has directed not to sell the property to third party but it has not debarred you from selling among three of you.

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Answered on 8/15/12, 11:19 pm
Shrichand Nahar S.V.Nahar, Advocate

In view of injunction, sale is prohibited.

In any case, whether he sell or not sell, he will be party to the suit till conclusion.

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Answered on 9/03/12, 11:12 pm


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