• 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 8 months ago in Civil Law from Delhi, Delhi
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 
Ajay Sethi
Advocate, Mumbai
24576 Answers
1316 Consultations
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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. 
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
24576 Answers
1316 Consultations
5.0 on 5.0
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. 
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
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.
Pradeep Bharathipura
Advocate, Bangalore
4146 Answers
140 Consultations
4.3 on 5.0

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