Can we sell the property?
Facts: (uttar pradesh)
1. X availed loan of Allahabad bank in 1982. A (father of X) & B were guarantors. X was unable to pay back the loan. Bank obtained a decree in 1990 'A' (father of X) died in 1992. auctioned the property of guarantor A in 1997. Since their was no purchaser of combined property so it was auctioned in two parts by Civil judge senior division. Part 1 was auction purchased by 'w' brother-in-law of X. Part 2 was auction purchased by QQ(us).
The aucton was confirmed and approved by court in 1997 itself and "sehmati-patra" of all heirs were taken. Sale deed is signed by court judge and registered in sub-registrar office for part-1 and part-2.
The proceeding of transfer of possesions for both part 1 and part 2 are still (yr 2016) pending in the court.
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1998-2013 -> No Activity by anyone
2014 -> X alongwith heirs is residing in part -1 of the property and using part -2 as toilet with tin shed. W (brother in law of X) starts construction work in Part-1 of property. And shifts a rented shop in part-2 without permission of QQ (us). When confronted by us, X says that it is only a temporary arrangement and they shall shift back the shop once work is complete.
In the mean time (2016), on enquiry we find that X has mischievously mutated name of all heirs in Part-2 of the property in nagar palika property tax records. And wrongly shown boundaries in approval maps.
We(QQ) realize the cheating and apply for mutation of name in Part-2 of property in nagar palika.
On receiving notice, 'X' appears with a 'Civil Judge (Senior Division)' Stay order against themselves. Both parties are blood relatives.
Details of Stay Order:
1. A new party (KK) submits a maousiri patta document of year 1985 claiming ownership(not exact word..may be 'pattedaari' is correct word here.. )and possession of Part-2. The patta does not mention any boundary ..only area and arizi number, jamindaar and pattedaar details are mentioned. we contacted tehsil , which informed that the said land is on the bank of a pond and earlier was an encroachment .Later, on orders of DM, the maps of construction were allowed on this land. And the khasra and kahatauni show the name of heirs of lt. zamindaar in the records. The said land comes under Non-ZA land as per revenue records. But nagar palika has entered house number in property tax records.
2. The party (KK) makes party X and rented shop owner 'L' defendant in the case. Neither we (QQ) or court sale or sale deed is mentioned in it. We are not party in the case.
Due to this "stay" nagar palika refused to enter our name in property tax register, saying that matter is pending in the court.
Latest Developement:
As per nagar palika property tax records, father of 'X' had been residing on both part-1 and part-2 since 1975. The rented shop owner has bills of electricity in name owing to "house tax" receipt provided by X (after mischeveously entering his name in nagar palika records). Although their is no entry of rented shop owner in nagar palika records before 2014.
The part-1 of the property has been constructed into a two storey building even before possession proceedings are over.
We have already filed a caveat in high court. And objection in registry office.
Apart from this on 07th Aug 2016 , X further ercted a tin on our porperty (part-2) , of which we submitted an application to SDM. But no action was taken due to "stay order" of which we are not even a party.
Also, Civil Judge Senior Division is on medical leave from past one month due to which we have been unable to vacate this stay order and become party in their case. And its possible he will be on leave for a month more.
As per rules, we are not in legal possession of the property but owner of the same.
So, my questions are:
1. Can we sell the property?
2. How to vacate the stay order in absense of concerned judge?
3. Can we approach high court with a writ to vacate this order?
Asked 7 years ago in Property Law
Religion: Other
4. Since possession is not transferred to us by the Court, Can we become party in any other suit or approach high court?
5. If the possession of property is not transferred to us, the property shall be considered currently under whose possession? Court or Bank?
6. Can someone construct house whose transfer of possesion is pending?
Asked 7 years ago