How to prevent the sale of disputed property without your knowledge or signature?

Answered by

A Agarwalla & Co.

Published At June 4, 2024

Answer

Injunction Order: You can file for an injunction order from the court. An injunction is a legal remedy that compels a party to refrain from certain actions, such as selling the property. If someone tries to sell the property in violation of the injunction, the sale is considered illegal and invalid​​.

Lis Pendens: This is a notice filed under Section 52 of the Transfer of Property Act. It informs any potential buyer that the property is subject to ongoing litigation. This notice is registered at the sub-registrar’s office and makes any subsequent sale subject to the outcome of the pending legal proceedings. The notice effectively warns buyers that the property is disputed and any purchase would be legally contestable​.

Public Notice: Issuing a public notice in a reputable newspaper about the dispute can further strengthen your position. It serves as a public declaration that the property is under legal scrutiny, alerting potential buyers​.

Legal Advice: Consult a lawyer to understand your rights and options thoroughly. A property dispute lawyer in India can help you navigate the complexities of property disputes and ensure that you take all necessary legal precautions.