Legal Question in Real Estate Law in India
Confidential: My father died in 1991 leaving behind property which is our residential house. I am 2 brothers. The property is still in the name of my late father and I'm afraid, my brother may get the same transferred in his name and have the same sold by obtaining consent from my Mother. Please advise if this is possible and if so, what should I do to prevent this..
2 Answers from Attorneys
That is not possible. However, you may inform the concerned authorities about your father's death and the legal heirs left behind including you. The property should be transferred in the name of all the three of you as one third owner each.
you may approach the court and seek a stay against your brother as such things are possible that a brother sells the property by showing himself to be only legal heir. once a stay is obtained, no third party interest can be created.
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