• Divorce

My divorce case in the court.
Can i sale my property
Asked 2 years ago in Family Law
Religion: Hindu

5 answers received in 10 minutes.

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18 Answers

Yes you have absolute right over property and you can sale your property

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

Yes you can sell of your property. Divorce case doesn’t restrain you from selling of your property in its pendency.


Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

You are at liberty to sell your property if no stay order has been passed restraining sale of property by you

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Yes you can.

Selling off property during pendency of the divorce proceedings is not a bar.


Anilesh Tewari
Advocate, New Delhi
17847 Answers
312 Consultations

5.0 on 5.0

Yes you can sale your property if you are sole owner and there is no stay by any court.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

Yes you can sale your property

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

Still there is no history on sale of any prepared by the court you are free to do sale purchase as per your wish

Vimlesh Prasad Mishra
Advocate, Lucknow
6786 Answers
23 Consultations

4.9 on 5.0

This is my response to you:

1. If it is your self-acquired property then you can sell your property;

2. If it is ancestral then you can only sell your share in the whole of the property;

3. You must also dispose of the property so that the court does not suspect you did with the intention to not give a share to your wife;

4. If the property is a question of subject in the current case, then you cannot dispose of the same;

5. If there is a stay on the property then you most certainly cannot dispose of the property.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Yes, you are free to do so; unless there's a court order restraining you to do so.

Vibhanshu Srivastava
Advocate, New Delhi
9126 Answers
179 Consultations

5.0 on 5.0

Dear Concerned.

Yes, if their has been no stay obtained on any of the property you are referring to you may pursue selling the property.

Best of luck

Atulay Nehra
Advocate, Noida
1247 Answers
58 Consultations

4.7 on 5.0


YES you can

Thank You

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0


Yes you can. If that property solely belongs to you, and buyer is ready to buy it, you can.

If wife/ husband share exists there, you can,t sale it.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

the divorce case may go on for years but there is no bar on you selling your property but in case the court grants the divorce then a settlement amount has to be given to the wife and hence you have to pay it. if you want to ell your property so that you don't have to pay the amount or pay a lesser amount you can do it but you have to disclose it in case the court orders a settlement.


Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

1. If you have the title of the property, you can very well sell it despite the fact that a divorce case against you is pending before the Court.

2. Wife has no claim on the property of her husband during his lifetime unless the said property earns money to the husband from where the wife can claim maintenance.

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

You can sell your property during the pendency of a divorce case if there is no injunction order passed by the court against the sale of property.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

If the court has not ordered injunction against sale by you then you are free to sell the property.

Ashish Davessar
Advocate, Jaipur
29956 Answers
864 Consultations

5.0 on 5.0

Yes, you can proceed to sell the proeprty.

Divorce case is not an impediment to sell your proeprty.

Until there is no restriction order by a court of law restraining you from selling the property, you may go ahead with your proposal.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0


Kiran Kamthe
Advocate, Thane
27 Answers

4.9 on 5.0

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