• Disputed property - Title not clear

If a property is in dispute and court receiver is been appointed and as per the family tree the immediate successor is whose name the will was made wants to sell can he do so? The other person who has filed a suit against this individual who is also one of the successor as per the family tree and appointed the court receiver passes away, now his childeren are taking it ahead but not even their name is mentioned in that will and the suit is dismissed due to non attainment on the dates and it's in restoration. Can the legal hiere against whom the suit was file sell the property in consensus with the tenants as it's a pagdi system.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) flat cannot be sold by the beneficiary of will as court receiver is appointed for the flat

2) if suit has been dismissed it would be restored on application made by the legal heirs of plaintiffs

3) it is better to take court consent before sale of flat

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1) on death of plaintiff legal heirs can be brought on record and suit continued by the legal heirs

2) even if suit is dismissed it can be restored as per court orders

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Dear Sir.....

At the moment property matter is running in the court of law...so no party can sale out or award the pagdi system ...if the matter is running in the court of law..then please check all the orders.....what the court orders...on this issue...if there is stay .....on sale .....then you have to file reply on it..

Best regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1. What is the relief prayed in the suit? The property can be sold if there is no injunction operative against the sale by the civil court. Be that as it may, without perusal of the plaint and the court decree/order it is not possible to state anything with exactitude.

2. Consult a lawyer with a copy of the suit and the decree/order.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Where it appears to the Court to be just and convenient, the Court may by order-

(a) Appoint a receiver of any property, whether before or after decree;

(b) Remove any person from the possession or custody of the property;

(c) Commit the same to the possession, custody or management of the receiver; and

d) confer upon the receiver all such powers, as to bringing and defending suits and for the realization, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof, the application and disposal of such rents and profits, and the execution of documents as the owner himself has, or such of those powers as the Court thinks fit.

Thus if the property has been handed possession ton the receiver, then it cannot be sold at his will and wish by anyone.

Is this a pagdi system property or own property?

How the other person derive any right to sell the property especially when their is a dispute pending on this?

The matter between the successors for sharing the disputed property pending before court has not been disposed hence any action done in a haste may draw a flak or adverse impact including contempt of court, hence be careful about it.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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