Can the housing society manager execute a sale deed for a property which in under sub-judice?
2 years ago
I had an agreement to sale dated march 1988 of a plot , the said agreement was made by housing society manager. But the society secretary has made sale deed in April 2017 to a person on the basis of that agreement to sale which was taken back by society in 1987(This transaction was done on certified copy as original was taken back in 1987). Now the matter in under litigation. Now the society manager called me and said the secretary has done fraud transaction and he can help me by registering a sale deed in my name and it will become an evidence in court also. My query is can the housing society manager can execute a sale deed for a property which in under sub-judice?
It seems sale agreement validity was already over so sale deed ought not have been executed. Take all the documents and discuss with local lawyer and get a legal opinion.
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This depends on the type of dispute that was under the court. In any event the execution of sale deed would require the permission of the court. You can ask the legal officer to issue an application and ask the court whether the same will be permitted.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
If the property is under litigation, then the property cannot be disposed off or alienated by the society manager. You are not legally entitled to dispose of the property as the matter is subjudice. Even if you do so, in case of any adverse order, the title shall not pass on to such purchaser.
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