Can suit property be sold?

In any partition suit, if the Court deems it fit, the property can be partly partitioned and partly sold as well. However, if there are any local laws of any state that monitors the partition of immovable property, these would be adhered to without compromise.

What are the laws of transfer of property?

Transfer of property defined. In the following sections ‘Transfer of Property’ means and act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, [or to himself] and one or more other living persons: and ‘to transfer property’ is to perform such act.

What does pending litigation mean in real estate?

In other words, a lis pendens means that there is a pending lawsuit related to a property. The rights and interest of the claimant in the property, as ultimately determined in the pending noticed action, shall relate back to the date of the recording of the notice.”

How do I find out if a property is under litigation?

To check for pending litigation, go through the lis pendens registry at the sub-registrar’s office, as it will contain the owner’s name if there is pending suit. Mortgaged properties are the other lemons you need to watch out for. In such cases, the original documents are sure to be with the lending institution.

Can a disputed property be rented out?

A. Yes you can let the property on rent subject to the orders of Honble court.

What property Cannot be transferred?

An easement cannot be transferred apart from dominant heritage. All interest in property restricted in its employment to the owner personally cannot be transferred by him. Even a right to future maintenance, in whatever manner arising, secured or determined cannot be transferred.

When ownership of real property is transferred?

Real estate is legally transferred through the use of a deed. A deed identifies the party transferring interest and the party acquiring interest, as well as a legal description of the property. It also identifies the type of ownership interest that is being transferred.

Can an attorney purchased a land subject of litigation Why?

A lawyer is disqualified from acquiring by purchase the property and rights in litigation because of his fiduciary relationship with such property and rights, as well as with the client.

Can a property be transferred from one court to another?

If the suit subject related to the property is subjudiced, then you cannot transfer/ alienate the property to any third party as per section 52 of transfer of property act (Doctrine of Lis Pendens). It depend upon the type of law suit on property is pending in any court.

Can a property be sold while a civil suit is pending?

The owner has a right to transfer or sell his property unless he is restrained by order of injunction pending final disposal of the suit Technically yes and legally NO!It all depends how you want to interpret the facts.Since the matter is pending in the court but the court has not granted you a stay on sale, the property is free to be sold.

Can a property be vacated while a law suit is pending?

It depend upon the type of law suit on property is pending in any court. If it relates to just recovery of rent and the property already stand vacated – yes 8 clever moves when you have $1,000 in the bank.

Is it legal to sell a house while a case is pending?

Technically yes and legally NO! It all depends how you want to interpret the facts. Since the matter is pending in the court but the court has not granted you a stay on sale, the property is free to be sold. This is how it is interpreted. Legally speaking, there is a term called lis pendens: till the pendency of the suit.