• Property document awarded by court which is under surety

Sir, court gave interm custody of all gold ornaments and silver articles to my wife on condition to produce in court while trail and made surety of property documents , which is on the names of either of us(me and my wife ), gifted by her mother . final judgement was, court awarded me surety documents as settlement , after she never appeared for court and case came in my favor . QUESTION IS , can i sell the property(residential building)?. thank you . and so advocates doubt whether it can be sold or not . some say , it can be , as jude suggested to deposit for surety , and i have to approach RDO of that particular area where property is situated . please help me , iam unable to find solution .
Asked 8 years ago in Property Law
Religion: Hindu

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10 Answers

It is necessary to peruse court order to advise

If property is in your nane yiu can sell the same

If it is joint names you can only sell your share in property

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Unable to open the link sent by you

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

If the title deeds of the property which were kept as surety have been released to you then you are free to sell the property. The link is broken.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Procedure for what?

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

A property is sold by executing the sale deed in favour of the buyer. So if you have the original title deed of the property in your possession then simply execute a sale deed in favour of the seller. There is no question of approaching any revenue officer if the court has released the documents to you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

you have not reproduced the complete order passed by court .

it says that title deeds be returned to you .

if you are absolute owner of the property you can sell the property

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

when court has decided your case and returned that property after cancellation of surety then what is remain for further restriction. property is not under charge so no need to get permission from RDO or MRO for its sell. you can it directly.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

can i sell the property(residential building)?. thank you . and so advocates doubt whether it can be sold or not . some say , it can be , as jude suggested to deposit for surety , and i have to approach RDO of that particular area where property is situated . please help me , iam unable to find solution .

The judgement came in your favor and the court has ordered to give back the security document. as settlement.

Therefore on the basis you can sell the property and may also ask them buyer to get the records mutated on his name.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

sir, could you let me the procedure .

What procedure do you want to know?

Take the documents in original, get property mutated on your name on the basis of documents existing on your father's name.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

some advocates saying that i have to approach local RDO , where property located . some say that directly approach MRO(mandal revenue officer ) along with certified judgement copy . how to proceed to sell property .thank you .

For mutating the documents in your name you can approach the local revenue department/Tahsildar

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

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