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?
6 Answers from Attorneys
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.
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.
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.
Re: Property Law
File a suit for a permanent injunction by a declaration by your mother.
Re: Property Law
File injuction/stay case. Your mother can only transfer her share only to anybody
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.