• Civil suit

I purchased an property on 1991 through registered sale deed .On 2012 son and daughter of seller filled a civil suit against me and claiming the said property however i made an agreement with another person to sell some portion of said property on 2010 (before civil suit) and same is registered on 2013(during civil suit) and no stay order are given to me against that property .
1.Sale deed registered on 2013 is valid or not ?
2.there will be any court preceding against me for selling the property?
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

Registered sale deed executed by you is valid but would be subject to orders passed in suit filed by legal heirs of original seller

2) you have not committed contempt of court as there is no stay order passed by trial court

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1. yes it is valid if there was no stay order from the court and the agreement to sell was made before the filing civil suit.

2. if there is no order restricting transfer then in that case there shall be no court proceedings against you for sale. Further you must have disclosed the fact to the buyer that the property is under litigation as buyer can file a case against you if you concealed fact to him before making registry.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The validity in question will be decided by Court. You can appeal to Appellate court for stay.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

hello

a suit for cancellation of the sale deed instituted means that the property title is disputed and hence cannot be sold and resold till the completion of the case when the right title and interest is decided as the matter is sub judice. if you have old the property without telling the buyer that it is disputed you are not a bonafide seller and therefore you could be charged for fraud. in case the buyer goes to the court. if he knows that the property is disputed then his bonafide is not established and hence he would also suffer the same fate as you in case you lose the case

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

Since the order of injunction was not passed by the civil court you were free to sell the property. However, under Transfer of Property Act any transfer of property made during the pendency of the case is subject to the outcome of the suit. If the court eventually allows the suit then the sale will be illegal. The buyer can then file a suit for recovery of sale consideration from you.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. in absence of any stay order operating against you, the sale deed registered in 2013 is valid

2. no there wont be any court case against for selling a portion of the property in dispute because there was no stay order against you

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Dear Client,

On what grounds they are challenging the sale deed.

Well, by virtue of registered sale deed, you have clear title. If no court stay on alienation of property or status quo, 2013 deed is valid.

No, if no stay order.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1.Sale deed registered on 2013 is valid or not ?

Answer: Sale Deed can be registered but subject to penalty be paid. As per the provisions of Section 25 of the Registration Act, 1908 if a document is not presented for registration within the prescribed time period of four months, and if in such case the delay in presentation of the document does not exceed a subsequent period of four months, then an application can be made to the Registrar, who may direct that on payment of a fine not exceeding ten times the amount of proper registration fee, such document shall be accepted for registration.

2.there will be any court preceding against me for selling the property?

Answer: If there is stay order against the sale or an injunction order against you then you cannot sell it. If no stay order or an injunction order then neither any person or court can stop you.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If there is any Court decision against thebuyer of the property then he can claim his last is from you if there is no decision till date there is no problem

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Since there was no injunction against the alienation of the proeprty by an order of a court, the sale of proeprty cannot be invalidated.

There will not be any proceeding in the court in this regard

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

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