Legal Question in Real Estate Law in India

Hello
I am a male and belong to a Hind family in Delhi here. In or joint family, I have my 2 brothers, 1 sister, mother and father. Now a days my father is seriously ill. He is having brain tumor and currently in coma.The house we all are staying at is owned by my father. The problem is that currently one of my brother and my mother wants to sale off this house, while I do not want to sell it now.My question is , Is it possible for them to sell this property without my consent? (My father is not at all in a condition to put his consent)

Asked on 12/17/11, 11:54 pm

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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they cannot sell the property even if your father is in coma and you may approach the court to seek stay against the illegal intent of other legal heirs.

Answered on 12/18/11, 7:22 am

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Vishwa Arya Arya & Co.

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they cannot sell. In fact, at this stage, your father alone has the right. No one on his behalf, even if holding power of attorney, cannot sell the property.

Answered on 12/18/11, 8:11 am

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Sanjay Kalra Sanjay Kalra & Associates

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The property belongs to your father and your father is not in a position to sell or do anything with property and there is no will in favour of any of the legal heirs so your mother and brother cannot in any manner sell the property without your consent and if they are trying to do so ,you can approach the court and get a stay against them.

Answered on 12/19/11, 9:20 am

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