Myself: The son Sri Jotin Noroh. Father has some plot of land with house. The lands are agricultural land and having registered. After expire of my father my mother allows the lands to keep in the name of me and my brother Kenedy Noroh jointly . Now, my brother trying to sell the land and escape instead of caretaking my mother and his two sons and one daughter. Now, how can prevent legally by my mother to stop these activities i.e selling of the land and activities of selling of the land by stamp paper without discussing my mother to other person. Can my mother transfer the whole land in my name for the secure of future to the other family members?
Can make a public notice or by court notice which legally enforceable to restrict any sale of the property by my brother that so that his family will safe of the unwanted sale ?
1.On the death of your father you,your brother and mother have jointly inherited the proeprty of your father.
2 So in that event all of you have undivided 1/3rd share in the proeprty.
3.Now if your brother wishes to deprive your due share you can file suit for partition to claim your respective 1/3rd share and injunction so your brother during pendency of the case can not sell your share.
Your brother is co owner of the land
2) under section 44 of transfer of property act co owner can sell his share without consent of other co owners
3) file suit for partition
4) seek injunction restraining brother from selling the land
5) your mother cannot transfer entire land in your name as she has no share in land after executing gift deed in your name and that of your brother
File suit for partition as advised earlier and seek injunction restraining brother from selling the land
Hi
The land had 3 heires after your dad death.
If there was a written release or relinquishment deed in your both name by mother , the right is equal for both brothers.
If not any written document your brother can not sell the land as long as it is undivided and need to get either NOC from you and mother,
Or an order from court.
You can make a public notice disclaiming the responsibility and refraining from the buyers.
At the end your brother had a right in the father's property so he can get it sold through a court order after seeking partition in court.
The another legal step is thatc am taken by
Your brother's wife and children can stop him by getting an injunction not to alternate/dispose the property ,
from court by filling a domestic violence case on grounds that they need a shelter and maintenance.
Your brother being one of the legal heirs to your deceased father has a right to his legitimate share in your father's property who is reported to have died intestate.
If the property is still undivided, then you and your mother can file a suit for partition and and also an application seeking injunction restraining your brother from alienating the property or encumbering the same in any manner till the disposal of suit.
The partition suit will take many years to get disposed hence the property will remain safe and secured until then.
Can make a public notice or by court notice which legally enforceable to restrict any sale of the property by my brother that so that his family will safe of the unwanted sale
After filing the partition suit as advised earlier, you can issue a general public notice about this pending litigation warning the public to not to enter into any sale transaction in respect of this property since the same is under litigation.
1. You, your mother and your brother are the joint owners of your father's agricultural land.
2. Your said brother can not sell any part of the land without partitioning the said property.
3. You or your mother can file a partition suit first and then file a petition praying for an injunction restraining your brother to sell of any part of your father;s said property.
4. Your mother can also file a maintenance suit u/s125 of Cr.P.C. claiming maintenance from your brother as per law.
1. Your mother can obtain a stay order against sale of any part of the said property as suggested in my earlier post.
2. Against the said stay order, your brother will not be able to sell any part of the property.