Legal Question in Family Law in India

Property Law

We are 2 brothers n 1 sister(all married). The concern is a joint property where me & my brother stay for over 20 yrs (with our families). Our father died intestate and our mother transferred property in her n our sisters' name without our consent/signatures 18-20 yrs back. Now she (n our mom) wants to sell the property n give her major share and we dont. Can she sell the property as it is (without our involvement)? Also, can she get orders from court to sell the hourse even if we dont want to sell the house? Should we appeal in court for our inclusion in property?


Asked on 11/05/07, 1:40 pm

6 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: Property Law

you can interfere but your case has become weak due to your inaction. however you still have a case in your hand.

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Answered on 11/07/07, 12:52 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Property Law

You should file a case seeking inclusion of your name as co-owner of the property being legal heir of your father.

As of now, since your name is not there as co-owners, your mom and sister can sell the property without your consent;

you need to obtain a restraining order from the court if you want to stop them from proceeding further with any transaction.

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Answered on 11/05/07, 9:05 pm
Amit Shukla AS and Associates Legal Services

Re: Property Law

Is there any will in favour of your your mother?If not then she can't do this.You may file a civil suit.For any help contact personally.

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Answered on 11/05/07, 9:53 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Property Law

File a suit for a permanent injunction by a declaration by your mother.

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Answered on 11/06/07, 7:26 am
rajeshwar sharma rajeshwarnathsharma

Re: Property Law

File injuction/stay case. Your mother can only transfer her share only to anybody

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Answered on 11/08/07, 10:44 pm

Re: Property Law

Under which capacity you mother had became the owner? After the demise of your father all his children and his widow became the owner of the property and all the persons have equal share in the property.since more than 12 years has lapsed so you must have to challenge the transfer by your mother by way of declaratory and permanent Injunction suit by mentioning the date of knowledge which must be wthin 12 years. In case of need contact with details.Professioanl charges are applicable.

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Answered on 11/05/07, 2:19 pm


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