Can a stay property be sold?

Answered by

A Agarwalla & Co.

Published At June 7, 2024

Answer

A property that is subject to a stay order from a court typically cannot be sold until the stay order is lifted or resolved. A stay order, issued by a court, suspends further proceedings or actions related to the property until certain conditions are met or until the court issues further instructions.

When a property is under litigation and a stay order is in place, it means that legal proceedings have been temporarily suspended. This could be due to ongoing disputes over ownership, title disputes or other legal matters that need to be resolved by the court.

Selling a property under a stay order would generally violate the court’s directive and could result in legal consequences for the seller. Even if the owner is in urgent need of funds, they must adhere to the law and respect the court’s orders.

It’s important to note that attempting to sell a property under a stay order without court approval can have serious legal consequences, including contempt of court charges, financial penalties and complications in the sale process.

Therefore, if you find yourself in a situation where you need to sell a property that is under litigation or subject to a stay order, it is imperative to consult with your property litigation lawyer in India to understand your rights and obligations, and to seek appropriate authorization from the court before proceeding with any sale.