• Family property

Dear sir,
My father has three brothers,with mutual consent we build our home.Due to jab, we were not stay at home from last five years.From reliable sources , i came to know,two brothers are trying to sell my home & other property like plots, Land etc.
1. Is it is possible to sell my home without my consent, since property is in name of All three sons?
2.How we can stop them for doing this and save my home?
please suggest me all possible solutions.

thanks
Asked 8 years ago in Property Law
Religion: Hindu

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7 Answers

1) brothers can sell their share in property without your father consent

2)seek an injunction restraining brother from selling the property

3) file suit for partition for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
99756 Answers
8143 Consultations

1. 1. Undivided share in a joint property can be transferred without consent of other co sharers.

2. However if they have not sold the same you can seek injunction from court of law for which you can file a suit for partition.

3. So I would suggest you to file such suit and get protected through an order of injunction.

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

file suit seek stay restraining brothers from selling your house

suit for partition has to be filed for division of land , plots , house

Ajay Sethi
Advocate, Mumbai
99756 Answers
8143 Consultations

I have already advised to file a suit for partition and seek injunction. This is the only legal remedy.

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

They cannot sell your home without your consent. You can go for a stay order.

However, they can sell their portion if it is demarcated i.e. identifiable like a floor or shop.

The best solution is to get an stay order from the court through a lawyer.

Deepak Tiwari
Advocate, New Delhi
91 Answers
14 Consultations

1. Is it is possible to sell my home without my consent, since property is in name of All three sons?

The others cannot sell your share in the property without your consent or permission through POA deed.

2.How we can stop them for doing this and save my home?

please suggest me all possible solutions.

You have to file partition suit seeking partition and separate possession of your share in the property and also file an IA seeking interim injunction restraining the defendants from selling or alienating or encumbering the property in any manner till the disposal of suit as an interim relief.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

All others property also there, but they are interested on my home , size is not large, division of three is difficult .how i can protect my home.

You hav no other option than aproach court of law for partition and separate possession of your share in the property if they do not arrive at an amicable solution.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

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