Chennai | 29 Apr, 2021 (4 months, 3 weeks ago)

Property Law

Tamil Nadu

had purchased a land in 2010 which was registered under me and my wife's name. After the registration we realised that there was a case going with the land. The case was, A temple was accusing few land owners nearby that those properties were actually owned by the temple. In 2010 the court ruled out in favour of the land owners that the land actually belonged to the respective owners and the temple has nothing to do with the land. After this the case went to bench court and its getting dragged and taking too long for judgment to come, since there is no judgment I cannot transfer the land ownership to another party My question is, I want to sell the land now how do I sell it without being able to register it to other party? Or can I enter into an joint venture with local builder to construct flats and sell them to get money from sale proceeds
Answers
29 Apr, 2021 | 20:00

Dear client
As per your submission it reveals that this is a matter of a lis pendence means litigation pending and se transaction made
However
As you stated appeal is pending before Honourable court in such situations you can not sale this property until and unless final judgement pronounced by the Honourable court
For clarification purpose you can call on mobile no 9359867870
Advocate IRFAN SHAIKH


29 Apr, 2021 | 19:43

Hey,
Since the matter is sub-judice, you can approach the court to allow the transactions subject to the outcome and the buyer must be willing to take that risk as well. Then you can go ahead as well without any fear. For further queries you can contact me on advsanjaynarayandas@gmail.com


29 Apr, 2021 | 19:28

Since the property is subjudice the only way to sell it is to make the buyer agree to the outcome of the case pending. More befitting way to sell the property is to make an application before the court in which the matter is pending to allow you to sell the property. The court is convinced will take security and undertaking from the new buyer and might allow the sell.


Irfan Shaikh 29 Apr, 2021 | 19:57

Dear sir.

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