Legal Question in Real Estate Law in India

Dear Sir,

We are a christian family living in Karnataka. My father received an ancestral property from my grand father when we were kids. The doccuments show that it is transferred in partition deed. However, I have 2 brothers who are not settled yet. I am married and living in the US. All my siblings are major. My father is planning to sell the land without our consent. Even though we tried convincing him, he is not ready to listen and according to him his lawyers have said that he can sell the land without our permission. Our mother is also very upset about it. We are really worried as our father is going to put my mother, grand mother and 2 brothers on road for sure. Kindly advice, can he sell this property without our knowledge? Also is there anyways how we can stop him doing this, and how does the law works in this case? Can all the family members get the share in this property?

Your answer would help our family and also save our family too. Kindly advice as soon as possible


Asked on 9/08/11, 4:11 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

approach a local lawyer with details. no one can be evicted out of the shared household easily. you may ask your mother and grand mother to file a complaint under domestic violence act and seek restraint orders against father/son.

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Answered on 9/09/11, 7:22 am
Shrichand Nahar S.V.Nahar, Advocate

Nature of property is inconsequential in case of Christians. You father may be entitled to deal with the property.

However, you may explore rights of maintenance of mother and grandmother and approach court for appropriate reliefs.

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Answered on 9/12/11, 9:49 pm


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