Dear Client,
If X has made full contribution for purchase of flat 1 than no issues, he is absolute owner and anyway dispute is with flat 2 not 1 so no difficult or complication.
Can I sell flat 1 while legal proceedings are going on for flat 2
X is a member of CHS and is holding share certificates in respect of Flat No. 1 & 2. Flat 2 was purchased by X’s father. For convenience and better utilization X and father interlinked the two flats into one big unit. X’s father died and pursuant to family arrangements between X and legal heirs Flat 2 was transferred in the name of X. On request of Y from same society given one of the room and bathroom of Flat 2 for a short period out of pure goodwill and was gratuitous. As Y did not vacate X had to initiate legal proceedings. During pendency of the proceedings, Z sought to intervene through chamber summon, calming ownership of one room and bathroom which was given to y. X recovered possession and withdrew the proceedings. Z has not filed any independent Proceedings against X tried to challenge the withdrawal which was not allowed by court. Z has now resorted to filling writ petition in the High Court in Aug ’16. Next date is on 10th December 2018. X has separated both the flats by building a wall. Now it is two flats of 1 BHK each. X wants to sell flat No.1 will X face any difficulty in selling flat no.1?
Asked 7 years ago in Property Law
Religion: Hindu
8 Answers
X is at liberty to sell flat no 1
2) there is no stay order passed by court restraining him from selling the flat
3) obtain NOC from society and sell the flat
Since there is no order or stay on the property X can cell the flat and there won't be any issue though inform the buyer about the pending writ . Further legally there won't be any difficulty .
There is no litigation pending for the flat number 2 and the property is Engineering Graphics so there is no problem to transfer this property to any third person
Hello,
The the flat no. 2 is under litigation then X has all the right to sell the flat no. 1.
X will not face any legal difficulty in doing the same.
Regards
Dear client,
1. Mr. x is at liberty to sell flat no.1
2. There is no stay order passed by the court restraining him from selling the flat
3. So you cannot sell flat no.2 which is under litigation as you read section 52 of Transfer of Property Act which deals with the Doctrine of Lis Pendens and also go through the decision of Hon’ble Supreme Court in a three bench in Dev Raj Dogra and others vs. Gyan Chand Jain and others.
You can definitely sell the flat during the pendency of the writ petition so long as the court does not (or has not) order(ed) a stay on the creation of third-party rights.
From your question it appears such a stay order hasn’t been made. If that is indeed the case, you are free to do as you please.
I hope that answers your question. Follow-up queries welcome.
Since X is the absolute owner of both the properties, he can very well proceed to dispose the property as per his desire.
If ther is no order by any court of law restricting X to sell his property then there is no bar in selling the property.
If the court has not granted any stay on the property in the writ filed by Z, then X cab proceed with his proposal to sell his property.
