Can a property be sold if the case is pending?

Answered by

A Agarwalla & Co.

Published At June 7, 2024

Answer

The sale of a property while a case concerning its ownership or rights is pending can be complex and is typically discouraged due to the principle of lis pendens, a Latin term meaning “pending legal action.” Lis pendens is a notice filed in the public records to alert potential buyers or other interested parties that litigation is pending concerning the property.

Moreover, courts may issue injunctions or orders preventing the transfer of the property during the pendency of the case. Violating such orders can lead to legal consequences for the parties involved.

It’s essential for all parties involved to understand and adhere to the legal requirements and restrictions associated with pending litigation involving real estate. 

Given the complexities and potential legal implications involved in selling a property while a case is pending, it is crucial to seek guidance from legal professionals. Real estate attorneys in India can provide invaluable assistance in navigating the legal landscape, understanding the implications of the pending case on the sale, and ensuring compliance with all relevant laws and court orders.