Can I sell a property on which case is going on?
1 year ago
My husband gifted his self earned property to me some years ago for security purpose as he married another woman. After sometime he quarrelled with me n left me and then he filed a case in trial court by saying that my wife made gift deed by fraud, took my sign by saying it's a sale deed etc by framing a big false story... I won this case in trial court. Again he filed case in Senior division and I won case there also. Now after 5 months 20 days , he filed case in high court in April (This I checked in website if not checked I will be unaware of it) and high court status is non compliance of office objections for 1st time.. I din't get high court notice till now. I am fed up of my husbands torture he is not allowing me to lead a peaceful life. He is also not giving me maintenance ordered by court.
My question is, Can i sell that property now? If I sell is there any legal complications for both me and buyer in future? Or it finishes the matter. Because my husband is criminal minded person if I sell property also he can't keep quite.
About your husband not paying the maintenance, please contact the divorce lawyer who represented you and tell them about this situation. A criminal liability raises upon on your husband as soon as he failed to pay the alimony ordered by court.
And, yes you can sell the property unless there is no stay order passed by the Court upon that property. But the buyer should be aware of this situation. If you try to hide it, then it might land you in more trouble.
There will be no legal complications for you and your buyer if you sell if there is no stay order on the latest judgment and decree passed by First Appellate Court.
Since you are aware about the ongoing case hence if you sell the property then the court might not like this and take a different view. It is suggested that you wait till the case is over and after that you can sell it off.