Can we sell a property under litigation?

Can we sell a property under litigation?

Pending litigation, you are not legally entitled to dispose of the property as the matter is subjudice. Even if you do so, in case of any adverse order, the title shall not pass on to such purchaser. In such a matter the valuation which you will get will be miniscule.

Can buyers sue seller?

There are different circumstances and nuances to each case, but the general rule that emerges from them is that if a seller is required to disclose and does not do so, they are committing fraud, and the buyer can sue them for recovery of damages or, in some cases, additional remedies such as breach or recision of …

Can disputed property be gifted?

In case of a dispute over ownership, the person to whom you have gifted the property cannot claim it as his own. However, if he has lived on such a property for at least 12 years, he is naturally accepted as the property owner under the law. You cannot gift your property to a foreign national.

How do I check my property litigation?

To check for pending litigation, go through the lis pendens registry at the sub-registrar’s office, as it will contain the owner’s name if there is pending suit. Mortgaged properties are the other lemons you need to watch out for. In such cases, the original documents are sure to be with the lending institution.

Will I have to pay tax if I sell part of my garden?

Many homeowners with large gardens are selling part of their garden to property developers or indeed, building the properties themselves. Capital Gains Tax (CGT) will be the usual tax consideration, but in certain circumstances income tax may be charged.

Can a trustee force a sale?

Refusing to Sell Can the Trustee do this? No. If the Trustee wants to keep the home, or some of the other beneficiaries want to keep the home, then they will need to buy out your interest in the home. If they refuse, then you and your lawyer can go to court and ask the court to order a sale of the home.

Can will be challenged in court?

Yes, a will can be challenged in a court of law if it has errors, even if it is registered (which is optional). You can, however, minimise the probability of it being challenged in court by ensuring that it is duly executed in accordance with the provisions of the Indian Succession Act, 1925.

Can I transfer half my house to my wife?

Transfers of assets between other persons do not escape capital gains tax. However, because stamp duty land tax is based on ‘consideration’ (effectively the amount paid for the property), it is possible to transfer a property to a spouse, or anyone for that matter, with no stamp duty land tax being payable.

How do I know if a land title is legit?

  1. Check the Paper Material. One of the first things you can check to immediately spot a fake title is the physical appearance of the paper.
  2. Check the Copies.
  3. Check the Serial Number.
  4. Check the Dates.
  5. Check the Title and Seal.
  6. Check the Title Number.
  7. Check the Reconstituted Tags.
  8. Check the Register of Deeds.

How do you check if my property is freehold or leasehold?

Alernatively, you can go to the Land Registry website and search for an entry for your property. Most property is registered and you should be able to obtain a copy of your title who will confirm whether the property is freehold or leasehold.

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