1)stay is only for eviction of the tenant
2) there is no bar for sale of property to third person
3) you should disclose the pending litigation to the purchaser
Disposal of property
I have a flat in ghaziabad which is rented to a person who does not pay rent at all.I filed a civil suit and won it in 2008.the person obtained a stay from Allahabad high court.the matter is still pending there. I now want to sell the flat to a third person. my question is 1can I do this since there is no stay on selling of the flat.can the tenant protest this in court and file s suit against this.can a court take cogni dance of this against me
Asked 9 years ago in Civil Law
5 Answers
The pendency of his appeal in the High Court does not stop you from selling the flat if a prospective buyer is ready and willing to buy the property knowing that the owner and tenant are locked in a legal battle. The tenant will become a tenant under the new buyer whereas you can continue your defence in the HC irrespective of the sale.
if I sell the property to a. third person,who is ready to purchase knowing about the legal case and knows that I will not be in a position to give physical possession to him,I cease to be the landlord of the flat,why should I continue to fight a legal battle with him,where the tenant has obtained. stay and I am a respondent.in fact I want to sell.the flat on as is where is basis to get rid of the legal wrangle.the new buyer will and should take care of the legal issues is that possible.can the court sue me for wasting it's time and settling the matter out of court
Asked 9 years ago
1) on sale of the property the purchaser would step in your shoes and continue the legal battle against the tenant .
2) court will not take any legal action against you as there is no stay restraining you from selling the property
If you do not want to continue the legal battle then you can tell the HC that you are willing to compromise with the tenant, in which event the order of the lower court will become infructuous. It is purely your call. The buyer cannot step into your shoes to continue the case.
Hi, You are the owner of the property you can sell the property to anybody you wants.
2. There is no question of wasting time etc. you can free to sell the property to anybody.
