Ancestral property is on the name of my mother.She died without writing any will,on 17th April 2017.We are three sisters ,who are the legal heirs of my mother.My father is alive.Under the inflence of husband of my no.2 sister,my father want to sell that property.Can my father sell that property without my consent?
What legal steps to be taken as preventive measures to stop my father to sell that property?
1. On death of your mother the said proeprty devolves upon her legal heirs which include 3 of you and your father.
2. So your father has only undivided 1/4th share in the proeprty.
3. So your father can nit sell more than his 1/4th undivided share.
4.However to restrain him from doing any mischief you can file a suit for partition seeking your 1/4th share in the proeprty and injunction so he may not be allowed to sell any share till the partition suit is disposed of.
1) your mother died intestate .
2) on mother demise you are one of the legal heirs
3) your consent is necessary to sell the property
4) at most father and sister cans ell their share in property
file suit for partition
2) seek an injunction restraining sale of property by father
What steps to be taken if my father forge my signature for the sale of property?
file police complaint against your father for forgery if he forges your signature for sale of property
2) section 465 of IPC Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Forging someone's signature is a grave criminal offence. Moreover without physical presence in the registration office no proeprty can be transferred.
Ancestral property is on the name of my mother.She died without writing any will,on 17th April 2017.We are three sisters ,who are the legal heirs of my mother.My father is alive.Under the inflence of husband of my no.2 sister,my father want to sell that property.Can my father sell that property without my consent?
The property left behind by yor deceased mother who is reported to have died intestate, shall devolve equally on all her legal heirs.
You have 1/4th share in the property.
If you suspect your father trying to sell the property without your consent or knowledge, you may file a partition suit seeking your rightful and legitimate share in the property and also file an application seeking injunction restraining your father from alienating/selling or encumbering the property in any manner till the disposal of the partition suit.
What legal steps to be taken as preventive measures to stop my father to sell that property?
You may file a partition suit with an application for injunction restraining your father from selling the property till the disposal of partition suit.
What steps to be taken if my father forge my signature for the sale of property?
If you anticipate such a forgery action, you may issue a legal notice to your father warning him from indulging in any such illegal activity and a copy may be endorsed to the concerned sub-registrar's office.