Can I sale the suit property during pendency of civil suit?

by Shivendra Pratap Singh | Mar 11, 2023 | Civil Matters, Property Cases

Hello, my land is located in Telangana and the government is constructing a radial road that will pass through my land. However, the construction of the road has been on hold for the past 6 years and the road is currently 4km away from my land. My question is, can I sell the land during pendency of civil suit? 

Asked from: Telangana

If there is no court order preventing the sale of the land, then you may sell it. However, since there is pending litigation in respect of this property, it is considered a suit property. 

Generally, the court orders to maintain the status quo until the suit is disposed of. Therefore, if there is a court order staying the sale, you cannot sell the land while the suit is pending. 

If the court has not issued any such order, the suit property can be sold. However, the proposed sale will be subject to the final decree of the civil suit. 

The buyer will be bound to comply with the final decree of the court because they purchased the land during the pendency of the civil suit.

also read: 

Tags:

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Related Matters

Bank refused to obey the order of Lok Adalat

Bank refused to obey the order of Lok Adalat which was passed upon the compromise. There was a dispute regarding the payment of credit card outstanding. The matter was resolved and I deposited the amount fixed by the bank after deliberation. Then the court has…

My neighbor has constructed a 6 to 7-foot compound wall

My neighbor has constructed a 6 to 7-foot compound wall between our properties, approximately 7 feet from my back door. I am concerned about the legality of this construction, particularly given the absence of supporting columns. I would like to understand the…