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Lis pendence Lis pendence

2 years ago

A case is going on a property and one of party solds of the property or plot then is that sale deed valid

Anik

Responded 2 years ago

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A.Hello,
lis pendens refers to a pending legal action or a formal notification of one. The sale deed documents the transfer of property ownership from the seller (vendor) to the buyer (purchaser) (Purchaser). The selling deed effectively completes the transaction. In your instance, further information is necessary.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
a pending legal action, or a formal notice of one is termed as lis pendens. The sale deed contains details of the transfer of property ownership from a seller (vendor) to a Buyer (Purchaser). Sale deed essentially renders the sale complete. REgarding your case further information is required.
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Advocate Simi Paul

Responded 2 years ago

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A.Dear client,

Any property in litigation is under subjudice. It is under the pending decision of the court. It is better to avoid such sell.
In case of adverse order the property will not be transferred in the name of the buyer.
However, if the buyer is ready to face the consequences of the learned court, then he can opt for the same.

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Vaidehi Samant

Responded 2 years ago

A.The sale will be invalid as an the transaction can be easily challenged before the Court by other side and can be declared null and void although the seller will get right to defend probably if he/she request the Court but very less chance of such order being passed in the favour or seller as the property is itself main aspect of the case so cannot be allowed to be alienated in the interest of justice and if any injunction order is already passed restraining the sale of such property than do not indulge in selling that property otherwise it will be contempt of Court for which such selling party can be booked and penalised. Thank you.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It is necessary to know the nature, character of the case pending, whether leave of Court was taken before such property transfer, whether Seller was a party to that matter and whether such property transfer affected the cause of action of that matter or not.
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