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How can I sale or donate a land where a eviction case is pending
7 months ago
I have a land which was leased to a petroleum company for a Petrol pump. The lease term has over 4 years ago and now an eviction case is ongoing.
I have inherited the land from my father. My father wish was to donate the land after the lease period is over . But it never happened . And At this time I am not interested to run the case and the opp. party is also not ready for a out of court settlement.
My question is can I sale or donate the land during this on going case ?
If so then how ? Is there a way I can get a count order that could allow me to sale the land ?
A.Dear Client,
Under Section 52 of the Transfer of Property Act,, any transfer of such immovable property or any dealing with such property during the pendency of the suit is prohibited except under the authority of Court, if such transfer or otherwise dealing with the property by any party to the suit or proceeding affects the right of any other party to the suit or proceeding under any order or decree which may be passed in the said suit or proceeding. However, the Supreme Court in a recent case explained that a transfer is not void just because the transfer is made during the pendency of litigation and the effect of Section 52 is that the transfer will be subject to the outcome of the suit.
Under Section 52 of the Transfer of Property Act,, any transfer of such immovable property or any dealing with such property during the pendency of the suit is prohibited except under the authority of Court, if such transfer or otherwise dealing with the property by any party to the suit or proceeding affects the right of any other party to the suit or proceeding under any order or decree which may be passed in the said suit or proceeding. However, the Supreme Court in a recent case explained that a transfer is not void just because the transfer is made during the pendency of litigation and the effect of Section 52 is that the transfer will be subject to the outcome of the suit.
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