Legal Question in Real Estate Law in India

Dear Sir,
The problem i am having is with my father who is 52yrs old and i am 26yrs old after i got married i am my father have got differences due to which he threatens me & tells me to get apart from the house as he wants to sell the property we staying in.
the property is under pagdi system.
my question is that do i hold a share in the current property as the property was bought by my grand father and it got transferred to my father due to disputes in property between him and my uncle. there was no will of my grand father who is no more so as grand son do i hold a stand in the property. can he sell the property without my concern or signature.
kindly suggest me the way to stop him to sell the property.

Asked on 1/07/13, 9:43 am

3 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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08.01.2013

Dear Sir,

Your father has tenancy rights in the ancestral property. He does not need your signature per se to sell his tenancy rights to a third party, but he certainly needs the nod of the landlord to do so.

I feel the best way to prevent your father from selling his tenancy rights is to subtly involve the landlord to impose a few conditions for sale of tenancy rights. A good deal of diplomacy will have to be exercised to tide over the situation and retain family ties.

Regards,

FCA Prashant Chavan

Mumbai

Answered on 1/07/13, 7:46 pm

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uttam Tibrewal

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Mr .. yes you do have right in the said property and you father can not sell without ur permission /signature.... in order to stop him from selling just file a partition suit for your share in the property ... till the case goes on he can not sell the property...

for any help you can contact me at [email protected]

Answered on 1/07/13, 11:15 pm

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